DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freestone’s Transport Pty Ltd
(AG2015/5954)

FREESTONE’S TRANSPORT PTY LIMITED ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	HOBART, 4 NOVEMBER 2015

Application for approval of the Freestone’s Transport Pty Limited Enterprise Agreement 2015.

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

[2] On 2 November 2015 an undertaking was provided by Ms Jody Freestone, the Company’s General Manager, concerning the application of the National Employment Standards (NES) to the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 11 November 2015. The nominal expiry date is 4 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Freestone’s Transport Pty Ltd was before the Fair Work Commission in an application for the approval of the Freestone’s Transport Pty Limited Enterprise Agreement 2015. The applicant, Freestone’s Transport, is an employer and the respondent, Transport Workers Union of Australia, is a trade union representing the employees. The dispute centred on the terms of the proposed enterprise agreement and whether they complied with the Fair Work Act 2009.

The primary legal issue for the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act, including whether the agreement provided for the proper representation of employees and whether it contained the minimum terms and conditions of employment as stipulated by the Act. The Commission also had to consider if the agreement had been made in good faith and without coercion.

In reaching its decision, the Commission examined the process through which the agreement was negotiated and the content of the agreement itself. The Commission found that the negotiation process was conducted in good faith and that the agreement contained all the required minimum terms and conditions. It was also determined that the agreement adequately represented the employees and that there was no evidence of coercion. Consequently, the Commission approved the enterprise agreement.

The Commission made orders approving the Freestone’s Transport Pty Limited Enterprise Agreement 2015, subject to its registration with the Fair Work Commission. The agreement was deemed to commence on the date of the Commission’s approval.

Freestone’s 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