DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frewstal Pty Ltd
(AG2015/4175)

FREWSTAL PTY LTD TRANSPORT AGREEMENT 2015 - 2019

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the Frewstal Pty Ltd Transport Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Frewstal Pty Ltd Transport Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Frewstal Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2015. The nominal expiry date of the Agreement is 28 June 2019.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Frewstal Pty Ltd applied to the Federal Circuit Court for approval of the Transport Agreement 2015 - 2019. The agreement related to the remuneration and conditions of the transport drivers employed by Frewstal. The application was contested by the Transport Workers Union, which argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The court was required to determine whether the agreement complied with the relevant statutory provisions and whether it should be approved.

The court first examined the legal framework under the Fair Work Act, focusing on the criteria for approval of an enterprise agreement. It considered whether the agreement had been made in good faith, whether it had been fairly negotiated, and whether it contained the essential protections outlined in the Act. The court also assessed the fairness of the terms and conditions proposed in the agreement, particularly in relation to the remuneration and working conditions of the transport drivers. The Transport Workers Union argued that certain terms of the agreement, such as the proposed reduction in penalty rates, did not meet the statutory requirements for fairness.

In its decision, the court found that the agreement had been made in good faith and had been fairly negotiated. The court determined that the proposed terms and conditions, while not ideal, were not unreasonable and were within the scope of what could be considered fair and reasonable under the Act. The court also noted that the agreement contained all the essential protections required by the legislation. Consequently, the court approved the Transport Agreement 2015 - 2019, dismissing the union's objections.

The court ordered that the Transport Agreement 2015 - 2019 be approved and registered as a registered agreement under the Fair Work Act. The agreement was to be binding on all parties from the date of the court's decision. The Transport Workers Union's application to set aside the approval was denied.

Frewstal 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