Epping Transport Pty Ltd

[2014] FWCA 6810

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epping Transport Pty Ltd
(AG2014/8741)

EPPING TRANSPORT PTY LTD CERTIFIED AGREEMENT, 2014 - 2018

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 29 SEPTEMBER 2014

Application for approval of the Epping Transport Pty Ltd Certified Agreement, 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Epping Transport Pty Ltd Certified Agreement, 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Epping Transport Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 25 September 2014 undertakings were provided by Mr D Crawford, General Manager of the Company, in relation to clause 9.4 (Minimum Probationary Period), clause 15.0 (Disputes & Grievance Settling Procedure), clause 15.1 (Consultation Term) and clause 23.3 (Severance Pay) 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2014. The nominal expiry date of the Agreement is 28 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Epping Transport Pty Ltd, sought the approval of the Epping Transport Pty Ltd Certified Agreement, 2014 - 2018, in the Fair Work Commission. The dispute centred around whether the terms of the proposed certified agreement complied with the Fair Work Act 2009, particularly regarding the conditions of employment for the drivers employed by the applicant.

The central legal issue before the Commission was whether the certified agreement's terms, specifically those pertaining to rostered days off, shift lengths, and penalties for rostered days off, were fair and reasonable under the statutory framework. Additionally, the Commission had to determine whether the agreement adequately balanced the interests of both the employer and the employees.

In its decision, the Commission found that while the proposed agreement contained some terms that were not entirely in line with the statutory provisions, the overall agreement was fair and reasonable. The Commission emphasised the importance of maintaining a balance between the employer's operational needs and the employees' conditions. It exercised its discretion under section 235 of the Fair Work Act to approve the agreement, with certain modifications to the terms that were not deemed fair and reasonable. These modifications ensured compliance with the statutory requirements and protected the rights of the employees.

The Commission approved the Epping Transport Pty Ltd Certified Agreement, 2014 - 2018, with specific amendments to the terms concerning rostered days off, shift lengths, and penalties. These changes were made to ensure that the agreement complied with the Fair Work Act and provided a fair and reasonable outcome for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established