DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glen Cameron Nominees Pty Ltd
(AG2021/4663)

GLEN CAMERON NOMINEES PTY LTD NSW ENTERPRISE AGREEMENT - 2021-2024

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 MAY 2021

Application for approval of the Glen Cameron Nominees Pty Ltd NSW Enterprise Agreement - 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement to be known as the Glen Cameron Nominees Pty Ltd NSW Enterprise Agreement - 2021 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Glen Cameron Nominees Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 4 May 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Various issues as to non-compliance with pre-approval requirements were raised by the Commission with the Employer. Having regard to the submissions and further evidence of the Employer provided on 3 May 2021, I find that all of the issues as to non-compliance with pre-approval requirements under Division 3, and Subdivision B of Division 4, of the Act, are minor procedural or technical errors, and that the Agreement was genuinely agreed to by relevant employees notwithstanding same. I am also satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the errors. 1

[4] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Transport Workers’ Union of Australia (TWU).

[5] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[7] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2021. The nominal expiry date of the Agreement is 4 August 2024.

DEPUTY PRESIDENT

Annexure A

1 See s.182 of the Fair Work Act 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Glen Cameron Nominees Pty Ltd, sought approval for their proposed New South Wales Enterprise Agreement for the period 2021 to 2024. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred around whether the proposed agreement complied with the legal standards for enterprise agreements, including provisions related to employee entitlements, workplace relations, and procedural fairness.

The primary legal issues before the Commission were whether the proposed agreement provided adequate protections for employees and whether it had been negotiated in good faith. Specifically, the Commission needed to consider whether the agreement met the "better off overall test," ensuring that employees were not worse off than under their previous agreements or the applicable awards. Additionally, the Commission examined whether the agreement contained mandatory terms that aligned with the objectives of the Fair Work Act and whether the process of negotiating the agreement had been conducted fairly and transparently.

In delivering its decision, the Commission noted that the proposed agreement largely complied with the relevant statutory requirements. The Commission found that the agreement provided employees with protections that were, in most respects, equivalent to or better than those under the applicable awards. The Commission also concluded that the agreement had been negotiated in good faith, with sufficient consultation and representation of employee interests. As the agreement met the better off overall test and included mandatory terms consistent with the objectives of the Fair Work Act, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the proposed Glen Cameron Nominees Pty Ltd Enterprise Agreement for the period 2021 to 2024. This decision confirms that the agreement is valid and binding on the parties, effective from the date of registration. The Commission's approval ensures that employees will benefit from the terms of the agreement, which are deemed to be fair and reasonable under the Fair Work Act.

Glen Cameron Nominees 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