DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Exodas (Australia) Pty. Ltd. and Evergreen Transport Pty Ltd
(AG2015/6630)

EXODAS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 2 DECEMBER 2015

Application for approval of the Exodas Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Exodas Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Exodas (Australia) Pty. Ltd. and Evergreen Transport Pty Ltd. The Agreement is a multi-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 9 December 2015. The nominal expiry date is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Exodas (Australia) Pty Ltd and Evergreen Transport Pty Ltd applied to the Fair Work Commission for approval of the Exodas Enterprise Agreement 2015. The applicants sought to have the agreement approved under section 231 of the Fair Work Act 2009. The applicants argued that the agreement was a good faith attempt to regulate their workplace relations. The Australian Council of Trade Unions intervened in the proceedings, asserting that the agreement did not meet the requirements of the Fair Work Act. The union argued that the agreement failed to provide adequate protections for employees and did not fairly reflect the balance of power between employers and employees.

The central legal issues before the Commission were whether the agreement met the requirements of section 231 of the Fair Work Act, and whether it was made in good faith. The Commission considered whether the agreement provided for a fair and efficient way to regulate workplace relations, and whether it provided adequate protections for employees. The Commission also considered whether the agreement reflected the balance of power between employers and employees, and whether it met the requirements for approval under the Fair Work Act.

The Commission found that the agreement met the requirements of section 231 of the Fair Work Act. The agreement provided for a fair and efficient way to regulate workplace relations, and provided adequate protections for employees. The Commission noted that the agreement provided for a dispute resolution process that was accessible and affordable for employees, and provided for a range of protections for employees, including provisions for minimum wages and conditions. The Commission also found that the agreement reflected the balance of power between employers and employees, and met the requirements for approval under the Fair Work Act. The application for approval of the agreement was therefore granted.

The Fair Work Commission approved the Exodas Enterprise Agreement 2015 under section 231 of the Fair Work Act. The agreement was found to provide for a fair and efficient way to regulate workplace relations, and provided adequate protections for employees. The agreement also reflected the balance of power between employers and employees, and met the requirements for approval under the Fair Work Act. The application for approval of the agreement was therefore granted.

Exodas (Australia) Pty. Ltd. and Evergreen Transport 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