Energytrans Pty Ltd Summary

[2014] FWCA 1516

The attached document replaces the document previously issued with the above code on 3 March 2014.

The title of the Agreement in paragraph 1 has been amended.

Rachel Wong

Associate to Commissioner Roberts

5 March 2014

[2014] FWCA 1516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Energytrans Pty Ltd
(AG2014/367)

GLADSTONE TOWNSVILLE AND CAIRNS ENERGYTRANS DRIVERS ENTERPRISE AGREEMENT 2014 - 2018

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 MARCH 2014

Application for approval of the Gladstone Townsville and Cairns Energytrans Drivers Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gladstone Townsville and Cairns Energytrans Drivers Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Energytrans Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 28 February 2014 undertakings were provided by Mr T Hearne, the Company’s General Manager - Corporate Services, in relation to clause 22 (Redundancy) and clause 26 (Consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2014. The nominal expiry date of the Agreement is 2 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Energytrans Pty Ltd, represented by its managing director, applied for the approval of the Gladstone Townsville and Cairns Energytrans Drivers Enterprise Agreement 2014 - 2018. The application was made to the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion, as mandated by the legislation. The applicants argued that the agreement was negotiated fairly and reflected the needs of both the employees and the employer.

The central legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the parties and whether it had been made without any coercion or undue influence. The Commission had to assess the process by which the agreement was negotiated and whether it complied with the statutory obligations under the Fair Work Act. Additionally, the Commission needed to determine if the agreement adequately addressed the terms and conditions of employment for the drivers and whether it was beneficial to both parties.

The Commission found that the agreement was indeed the product of genuine bargaining and was made without any coercion or undue influence. The process followed in negotiating the agreement was transparent and adhered to the legislative requirements. The Commission noted that both parties had engaged in meaningful discussions and that the terms of the agreement reflected a fair balance of interests. The agreement was comprehensive, covering a wide range of employment conditions, and was deemed to be in the best interests of the employees. As a result, the Commission approved the Gladstone Townsville and Cairns Energytrans Drivers Enterprise Agreement 2014 - 2018.

The Fair Work Commission approved the Gladstone Townsville and Cairns Energytrans Drivers Enterprise Agreement 2014 - 2018, determining that it was fairly negotiated and met all statutory requirements.

Energytrans Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established