DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FBT Transwest Pty Ltd
(AG2017/4521)

FBT TRANSWEST PTY LTD (VICTORIA) ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 FEBRUARY 2018

Application for approval of the FBT Transwest Pty Ltd (Victoria) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the FBT Transwest Pty Ltd (Victoria) Enterprise Agreement 2017 (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] The Applicant 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, and 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, 188 and 190 as are relevant to this application for approval have 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 wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 February 2018 and, in accordance with s.54, will operate from 13 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

FBT Transwest Pty Ltd, an entity involved in the freight and logistics industry, brought an application before the Fair Work Commission for the approval of the FBT Transwest Pty Ltd (Victoria) Enterprise Agreement 2017. The agreement, which was proposed to cover employees under the Logistics and Transport Award 2010, aimed to regulate various aspects of employment including wages, hours of work, and other conditions of employment.

The central legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, specifically sections concerning the avoidance of re-bargaining and the provision of a safety net for employees. The application also necessitated scrutiny of whether the agreement met the requirements for "genuine agreement" and "better off overall" tests.

The Commission examined the agreement's provisions and found that it met the criteria for approval. It determined that the agreement did not unduly re-bargain the terms set out in the award and provided employees with a better overall package of pay and conditions than what they would receive under the award alone. Additionally, the Commission was satisfied that the agreement was genuinely negotiated and agreed upon by the parties involved. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the statutory requirements and its potential to offer employees a more favourable set of terms and conditions of employment.

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