DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Economix Pty Ltd
(AG2018/2133)

ECONOMIX PTY LTD DRIVERS EMPLOYEE AGREEMENT 2018 TO 2022

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 SEPTEMBER 2018

Application for approval of the Economix Pty Ltd Drivers Employee Agreement 2018 to 2022.

[1] An application has been made for approval of an enterprise agreement known as the Economix Pty Ltd Drivers Employee Agreement 2018 to 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Economix Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2018. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Economix Pty Ltd recently sought approval for the Drivers Employee Agreement 2018 to 2022 from the Fair Work Commission. The application was made under the Fair Work Act 2009, and the dispute centred around the fairness and appropriateness of the proposed agreement for the employees. The Fair Work Commission was tasked with determining whether the agreement was fair and if it aligned with the provisions of the Act.

The key legal issues before the Commission were whether the proposed agreement was genuinely negotiated between the employer and the employees, whether it was fair in terms of its content and the rights and obligations it imposed, and whether the agreement complied with the Act's requirements. Additionally, the Commission needed to consider if the agreement provided a safety net of minimum entitlements and if it met the standards of procedural fairness.

The Fair Work Commission found that the agreement was genuinely negotiated and contained terms that were fair and reasonable. The Commission considered the specific needs of the drivers and the context of the industry, and concluded that the agreement was appropriate for the employees. The Commission also found that the agreement met all statutory requirements and provided an adequate safety net of minimum entitlements. Accordingly, the Commission approved the agreement, finding that it was fair and appropriate.

As a result of the Commission's decision, the Drivers Employee Agreement 2018 to 2022 was approved and can now be implemented. The approval ensures that the agreement is compliant with the Fair Work Act and provides a fair and reasonable framework for the employment relationship between Economix Pty Ltd and its drivers.

Economix Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established