DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Freightliner Australia Coal Haulage Pty Ltd
(AG2019/716)

FREIGHTLINER AUSTRALIA COAL HAULAGE PTY LTD ENTERPRISE AGREEMENT 2019

Rail industry
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2019

Application for approval of the Freightliner Australia Coal Haulage Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Freightliner Australia Coal Haulage Pty Ltd 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 Freightliner Australia Coal Haulage Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Rail, Tram and Bus Industry Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 29 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Freightliner Australia Coal Haulage Pty Ltd applied for the approval of the Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for the employees covered by the agreement. The Commission, presided over by Deputy President O’Brien, was tasked with assessing whether the agreement met the statutory requirements for approval.

The primary legal issue the Commission needed to address was whether the agreement had been made in accordance with the requirements set out in the Fair Work Act 2009. This included determining if the agreement had been made freely and voluntarily without any element of coercion, and if it contained the necessary minimum terms as prescribed by the Act. Furthermore, the Commission had to consider whether the agreement provided for a fair and efficient workplace while balancing the interests of both the employer and the employees.

After a comprehensive review of the agreement and the process through which it was made, the Commission found that the agreement had been negotiated fairly and met all statutory requirements. The terms were deemed to provide for a fair and efficient workplace, and the agreement contained all the necessary minimum terms as stipulated by the Act. Consequently, the Commission approved the Enterprise Agreement 2019, noting the balance achieved between the parties' interests and the compliance with legislative provisions.

The Fair Work Commission ordered the approval of the Freightliner Australia Coal Haulage Pty Ltd Enterprise Agreement 2019, effective from the date of the decision. The approval was contingent upon the agreement being registered with the Fair Work Commission within the specified timeframe. This decision provided clarity and legal certainty regarding the terms and conditions of employment for the employees covered by the agreement.

Freightliner Australia Coal Haulage 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