Goldstar Transport Group Pty Ltd T/A Goldstar Transport

[2024] FWCA 692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goldstar Transport Group Pty Ltd T/A Goldstar Transport

(AG2024/187)

GOLDSTAR TRANSPORT AND TWU ENTERPRISE AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT DEAN	CANBERRA, 22 FEBRUARY 2024

Application for approval of the Goldstar Transport and TWU Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Goldstar Transport and TWU Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goldstar Transport Group Pty Ltd T/A Goldstar Transport (Employer). The Agreement is a single enterprise agreement.

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.

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.

The consultation term in the Agreement does not meet the requirements of s.205(1A) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 February 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Goldstar Transport Group Pty Ltd T/A Goldstar Transport, the dispute arose regarding the approval of the Goldstar Transport and TWU Enterprise Agreement 2023. The applicant, Goldstar Transport Group, sought the Fair Work Commission's approval for the agreement, which aimed to regulate the terms and conditions of employment for its employees. The Transport Workers Union (TWU) represented the employees in the negotiation of the agreement. The case was heard in the Fair Work Commission of Australia, which is responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Goldstar Transport and TWU Enterprise Agreement 2023 complied with the requirements of the Fair Work Act and Fair Work Regulations. Specifically, the Commission needed to assess whether the agreement met the procedural and substantive requirements for approval, such as ensuring it did not adversely affect employees' minimum entitlements and provided a fair and efficient resolution of workplace issues. The Commission also had to consider if the agreement had been genuinely negotiated and whether it provided for a streamlined and efficient means of resolving workplace issues.

The Fair Work Commission, in its decision, examined the provisions of the agreement and the negotiation process in detail. The Commission found that the Goldstar Transport and TWU Enterprise Agreement 2023 met the necessary criteria for approval. The agreement was considered to be genuinely negotiated, as evidenced by the documentation provided by both parties. The Commission also determined that the agreement did not adversely affect employees' minimum entitlements and provided for an efficient means of resolving workplace issues. Consequently, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act and Regulations.

The final orders of the Commission were that the Goldstar Transport and TWU Enterprise Agreement 2023 be approved and registered with the Fair Work Commission. This decision allows the agreement to come into effect and regulate the employment terms and conditions for the employees covered by the agreement. The approval of the agreement provides a framework for the resolution of workplace issues between Goldstar Transport and its employees, as represented by the TWU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established