DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glen Cameron Nominees Pty Ltd T/A Glen Cameron Trucking
(AG2020/3178)

GLEN CAMERON NOMINEES PTY LTD VICTORIA ENTERPRISE AGREEMENT 2020 - 2024

Road transport industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 10 NOVEMBER 2020

Application for approval of the Glen Cameron Nominees Pty Ltd Victoria Enterprise Agreement 2020 - 2024.

[1] An application has been made for the approval of an enterprise agreement known as the Glen Cameron Nominees Pty Ltd Victoria Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glen Cameron Nominees Pty Ltd T/A Glen Cameron Trucking. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Glen Cameron Trucking, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by them, I note that the Agreement covers the TWU.

[5] The Agreement was approved on 6 November 2020 and, in accordance with s.54, will operate from 17 November 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Glen Cameron Nominees Pty Ltd, trading as Glen Cameron Trucking, the Fair Work Commission was asked to approve the Victoria Enterprise Agreement 2020-2024. The application was brought by the employer, who sought to formalise the terms and conditions of employment for its employees under this agreement. The dispute arose from negotiations between the employer and the union representing the employees, leading to the proposed agreement that both parties now sought to have approved.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for a fair and efficient workplace and adhered to the principles of the national workplace relations system. The Commission had to consider if the agreement was made in good faith, provided for minimum entitlements, and did not unfairly disadvantage any party. The fairness of the agreement was scrutinised, including its provisions on wages, working conditions, dispute resolution, and any other relevant terms.

The Commission found that the agreement was made in good faith and did not contain any terms that were contrary to the principles of the national workplace relations system. The proposed agreement was deemed to provide for fair and efficient workplaces and met all statutory requirements. It was noted that the agreement provided for minimum entitlements as stipulated by the Act and did not unfairly disadvantage any party. Consequently, the Commission approved the Glen Cameron Nominees Pty Ltd Victoria Enterprise Agreement 2020-2024, finding it to be fair and meeting all legislative requirements.

No further orders were made by the Commission beyond the approval of the agreement. This decision ensures that the terms and conditions of employment for the employees under the agreement are legally recognised and enforceable, providing certainty for both the employer and the employees.

Glen Cameron Nominees Pty Ltd T/A Glen Cameron Trucking

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established