DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FBT Transwest Pty Ltd
(AG2021/47)

FBT TRANSWEST PTY LTD (NSW - SMITHFIELD YARD) ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT DEAN	SYDNEY, 4 FEBRUARY 2021

Application for approval of the FBT Transwest Pty Ltd (NSW - Smithfield Yard) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the FBT Transwest Pty Ltd (NSW - Smithfield Yard) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FBT Transwest Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia, NSW Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, FBT Transwest Pty Ltd sought approval of the FBT Transwest Pty Ltd (NSW - Smithfield Yard) Enterprise Agreement 2020. The respondents, who were employees of FBT Transwest, contested the agreement on various grounds, including the provision of shift premiums, casual loading, and the classification of certain employees. The Fair Work Commission was tasked with determining whether the enterprise agreement met the legal standards set out in the Fair Work Act 2009.

The primary legal issues centred on whether the enterprise agreement provided for the minimum entitlements as required by the Fair Work Act and whether it was procedurally fair. The Commission had to consider the fairness of the agreement's provisions and whether it was made without any improper conduct. It also needed to assess whether the agreement was in the best interests of the employees and whether it complied with the requirements for the approval of enterprise agreements.

The Fair Work Commission found that while most provisions of the agreement were fair, certain clauses concerning shift premiums and casual loading did not meet the legal standards. The Commission emphasised the importance of ensuring that employees receive appropriate compensation for their work. The Commission noted that while the agreement generally provided for minimum entitlements, the specific clauses in question did not adequately address the shift premiums and casual loading for certain employees. Consequently, the Commission refused to approve the agreement in its current form. However, it invited FBT Transwest Pty Ltd and the respondents to negotiate and submit a revised agreement that addressed the identified issues.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements meet the legal requirements set out in the Fair Work Act. By refusing to approve the agreement, the Commission underscored the necessity for fair compensation and proper classification of employees. The Commission's invitation for a revised agreement demonstrates its willingness to facilitate a resolution that benefits both the employer and the employees.

FBT Transwest 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