DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fleetmaster Services Pty Ltd
(AG2019/4194)

JIM PEARSON TRANSPORT ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 22 JANUARY 2020

Application for approval of the Jim Pearson Transport Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Jim Pearson Transport Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fleetmaster Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2020. The nominal expiry date of the Agreement is 21 January 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fleetmaster Services Pty Ltd applied for approval of the Jim Pearson Transport Enterprise Agreement 2019. The respondent, Transport Workers Union of Australia, sought amendments to the agreement to address concerns about the classification of employees and the conditions for overtime. The dispute centred on whether the proposed agreement appropriately balanced the interests of the employer and the employees, particularly regarding shift patterns, overtime, and classification.

The Commission examined the application in light of the Fair Work Act 2009, considering whether the agreement met the criteria for "direct" and "indirect" approval. It also assessed the fairness of the terms in relation to the employees' entitlements, working conditions, and classification. The key issue was whether the agreement, as proposed, provided adequate protections for employees while allowing the employer to operate efficiently.

After reviewing the submissions and evidence, the Commission found that the proposed agreement adequately addressed the concerns raised by the union. It was determined that the terms regarding shift patterns, overtime, and employee classification were fair and reasonable. The Commission approved the agreement, noting that it provided a balanced outcome that recognised both the employer's operational needs and the employees' rights.

The Fair Work Commission approved the Jim Pearson Transport Enterprise Agreement 2019 as applied by Fleetmaster Services Pty Ltd. The approval was contingent on the employer adhering to the terms and conditions set out in the agreement. The Commission's decision was based on its finding that the agreement met the statutory criteria for direct and indirect approval and provided a fair and reasonable outcome for all parties involved.

Fleetmaster Services 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