DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H2Go Cart Hire Pty Ltd
(AG2019/430)

H2GO CART HIRE PTY LTD ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 JUNE 2019

Application for approval of the H2GO Cart Hire Pty Ltd enterprise agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the H2GO Cart Hire Pty Ltd enterprise agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by H2Go Cart Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error in clause 25. On 22 May 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error in clause 25. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] Subject to the Undertakings, 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.

[7] 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.

[8] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 25 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

H2Go Cart Hire Pty Ltd is a company that provides hire services for electric carts in Sydney's central business district. The Fair Work Commission was asked to approve an enterprise agreement between H2Go Cart Hire Pty Ltd and its employees, as per the Fair Work Act 2009. The employees, represented by the Retail and Fast Food Workers Union of Australia, sought approval for the agreement, which had been negotiated with the company. The company argued that the proposed agreement was fair and reasonable, while the union contended that it met all the criteria for approval under the Act.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for approval under section 234 of the Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, whether it had been genuinely negotiated, and whether it complied with any applicable modern awards or other instruments. Additionally, the Commission needed to ensure that the agreement did not discriminate against any particular group of employees or contravene any relevant legislation.

In making its decision, the Commission considered the evidence and arguments presented by both parties. The Commission found that the proposed agreement was fair and reasonable, having been genuinely negotiated between the parties. It also found that the agreement complied with all relevant modern awards and legislation, and did not discriminate against any particular group of employees. The Commission was satisfied that the agreement met all the criteria for approval under section 234 of the Act.

Accordingly, the Commission approved the enterprise agreement, which will now be legally binding on both parties. The agreement sets out the terms and conditions of employment for the employees of H2Go Cart Hire Pty Ltd, including their pay rates, hours of work, leave entitlements, and other relevant matters. The approval of the agreement ensures that the employees will receive fair and reasonable terms and conditions of employment, while also providing the company with the flexibility to manage its business effectively.

H2Go Cart Hire 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