DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenix-Newhaul Pty Ltd T/A Fenix Newhaul
(AG2020/3468)

FENIX-NEWHAUL AND TRANSPORT WORKERS’ UNION FAIR WORK GREENFIELDS AGREEMENT 2020

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 5 JANUARY 2021

Application for approval of the Fenix-Newhaul and Transport Workers’ Union Fair Work Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Fenix-Newhaul and Transport Workers’ Union Fair Work Greenfields 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 Fenix-Newhaul Pty Ltd T/A Fenix Newhaul.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers’ Union of Australia (the TWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the TWU and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2021. The nominal expiry date of the Agreement is 4 January 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Fenix-Newhaul Pty Ltd T/A Fenix Newhaul concerned the application for the approval of the Fenix-Newhaul and Transport Workers’ Union Fair Work Greenfields Agreement 2020. The applicant, Fenix-Newhaul, sought approval of the agreement under the Fair Work Act 2009. The dispute centred on the fairness and appropriateness of the agreement, which was intended to cover the terms and conditions of employment for workers at the applicant’s business. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was fair and appropriate, considering the balance of rights and obligations, and whether it provided a safety net for employees. The court also had to assess if the agreement was made in good faith and whether the process of making the agreement was fair.

The Fair Work Commission, in its decision, found that the agreement was fair and appropriate. The Commission considered the evidence presented by both parties, including the submissions and the terms of the agreement. It was noted that the agreement provided a safety net for employees, balanced the rights and obligations of both parties, and was made in good faith. The Commission concluded that the agreement met all the necessary criteria for approval. Therefore, the application for the approval of the agreement was successful.

As a result of the Commission’s decision, the Fenix-Newhaul and Transport Workers’ Union Fair Work Greenfields Agreement 2020 was approved, and the applicant’s application was granted. The agreement, which provides for the terms and conditions of employment for workers at the applicant’s business, was deemed to be fair and appropriate, and it will now apply to the relevant employees.

Fenix-Newhaul Pty Ltd T/A Fenix Newhaul

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established