DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Freightliner Australia Coal Haulage Pty Ltd
(AG2015/169)

FREIGHTLINER AUSTRALIA COAL HAULAGE PTY LTD ENTERPRISE AGREEMENT 2015

Rail industry
COMMISSIONER CARGILL	SYDNEY, 6 FEBRUARY 2015

Application for approval of the Freightliner Australia Coal Haulage Pty Ltd Enterprise Agreement 2015.

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

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

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 February 2015. The nominal expiry date is four (4) years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Freightliner Australia Coal Haulage Pty Ltd, a company, and the Fair Work Commission, which was called to decide on the approval of a particular enterprise agreement. The agreement, known as the Freightliner Australia Coal Haulage Pty Ltd Enterprise Agreement 2015, was the subject of a dispute that needed resolution. The Fair Work Commission, being the authority in such matters, was tasked with determining whether this agreement should be approved, ensuring it complied with relevant laws and protected the rights of the employees.

The legal issues before the Commission centred on the provisions of the proposed agreement, including whether they were fair and reasonable, and if they adhered to the requirements of the Fair Work Act 2009. The Commission had to assess if the agreement provided adequate protection for employees, particularly concerning their working conditions, remuneration, and other terms of employment. The dispute also involved verifying if the agreement was made in good faith and whether it provided a safety net for employees.

After examining the evidence and arguments presented by both parties, the Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission was satisfied that the agreement met the statutory requirements and provided adequate protection for the employees. It was determined that the agreement was made in good faith and provided a safety net for employees, ensuring their interests were protected. Consequently, the Commission approved the Freightliner Australia Coal Haulage Pty Ltd Enterprise Agreement 2015.

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