DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gaolone Pty Ltd T/A Milthorpe Transport
(AG2021/5692)

MILTHORPE TRANSPORT ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 22 JULY 2021

Application for approval of the Milthorpe Transport Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Milthorpe Transport Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gaolone Pty Ltd T/A Milthorpe Transport. The Agreement is a single enterprise agreement. The Agreement covers Gaolone Pty Ltd and MFTG Pty Ltd as single interest employers under s.172(5) of the Act.

[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. The undertakings are taken to be a term of 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2021. The nominal expiry date of the Agreement is 22 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Gaolone Pty Ltd, trading as Milthorpe Transport, applied for approval of the Milthorpe Transport Enterprise Agreement 2021. The application was heard by the Fair Work Commission (FWC), which was required to determine if the agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement was genuinely a bargain between the employer and the employees and if it met the criteria for approval under the legislation.

The legal issues before the FWC were whether the agreement was a genuine enterprise agreement and if it complied with the provisions of the Fair Work Act. The FWC needed to examine if the agreement was negotiated in good faith, if it provided for the resolution of disputes, and if it adhered to the procedural requirements for approval. Specifically, the FWC had to ensure that the agreement had been negotiated with sufficient representation of the employees and that it contained appropriate mechanisms for the resolution of disputes.

The FWC found that the agreement was genuinely a bargain between the parties and met the criteria for approval. The commission concluded that the negotiation process was conducted in good faith and that the agreement adequately represented the interests of the employees. The FWC also noted that the agreement contained provisions for the resolution of disputes and that it complied with the procedural requirements set out in the Fair Work Act. As a result, the FWC approved the Milthorpe Transport Enterprise Agreement 2021.

The FWC's decision was based on a comprehensive review of the negotiation process and the content of the agreement. The commission determined that the agreement was a genuine enterprise agreement that met the statutory criteria for approval. The FWC's approval of the agreement ensures that it will become the governing industrial instrument for the employees of Milthorpe Transport.

Gaolone Pty Ltd T/A Milthorpe Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established