G R Hopkinson (Transport) Pty Ltd Summary

[2013] FWCA 2018

FAIR WORK COMMISSION

DECISION

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

G R Hopkinson (Transport) Pty Ltd
(AG2013/5779)

G. R. HOPKINSON (TRANSPORT) AND THE TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
COMMISSIONER CAMBRIDGE	SYDNEY, 3 APRIL 2013

Application for approval of the G. R. Hopkinson (Transport) and the Transport Workers' Union of Australia Fair Work Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the G. R. Hopkinson (Transport) and the Transport Workers’ Union of Australia Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G R Hopkinson (Transport) Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 22 March 2013. The application included a Statutory Declaration of Phillip Baker made on behalf of the Employer and dated 20 March 2013, (the Declaration). The Declaration stated that the Agreement was made on 11 March 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 3 April 2013. I note that the file has included a Statutory Declaration of Nimrod Nyols made on behalf of the Transport Workers’ Union of Australia (the TWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 33 and a consultation term at clause 32.

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

[7] The TWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the TWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 10 April 2013. The nominal expiry date of the Agreement as specified in clause 3(b) of the Agreement, is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved G R Hopkinson (Transport) Pty Ltd, seeking approval of the G R Hopkinson (Transport) and the Transport Workers' Union of Australia Fair Work Agreement 2012. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The Transport Workers' Union of Australia contested the application, raising concerns about the agreement's provisions.

The primary legal issue before the court was whether the Fair Work Agreement in question complied with the statutory requirements for approval. This included assessing whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable award or registered agreement, and whether it had been made in good faith and without coercion. The court also had to consider whether the agreement contained terms that were contrary to public policy or were otherwise invalid.

The Fair Work Commission found that the agreement was generally in line with the statutory requirements for approval. It determined that the agreement provided for terms and conditions of employment that were at least as favourable as those provided by the applicable award. The Commission also concluded that the agreement had been made in good faith and without coercion. While there were some concerns raised by the Transport Workers' Union of Australia, the Commission found that these did not outweigh the overall compliance of the agreement. Consequently, the Fair Work Commission approved the application for the agreement's registration.

The Fair Work Commission ordered that the G R Hopkinson (Transport) and the Transport Workers' Union of Australia Fair Work Agreement 2012 be registered under the Fair Work Act 2009. This decision confirmed the agreement's validity and enforceability, ensuring that it could be applied to the relevant employees and employers within the specified scope.

G R Hopkinson (Transport) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established