DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HBM Nominees Pty Ltd T/A Jayde Transport
(AG2016/4652)

JAYDE TRANSPORT ENTERPRISE AGREEMENT 2016-2019

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the JAYDE Transport Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the JAYDE Transport Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HBM Nominees Pty Ltd T/A Jayde Transport. The Agreement is a single enterprise agreement.

[2] 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the proceedings were HBM Nominees Pty Ltd, trading as Jayde Transport, and the Transport Workers Union of Australia. The dispute was before the Australian Industrial Relations Commission and concerned the application for approval of the Jayde Transport Enterprise Agreement 2016-2019. The Transport Workers Union of Australia sought to challenge the agreement on the basis that it contained provisions which were contrary to public policy and not in the best interests of the employees.

The primary legal issues the court was required to decide were whether the agreement contained provisions that were contrary to public policy and whether the agreement was in the best interests of the employees. The court had to consider whether the provisions in question were consistent with the objectives of the Fair Work Act 2009, and whether they provided adequate protections for the employees. The court also had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements of the Fair Work Act.

The court found that the provisions in question were not contrary to public policy and did not contravene the objectives of the Fair Work Act. The court held that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The court was satisfied that the agreement provided adequate protections for the employees and complied with the requirements of the Fair Work Act. The court approved the Jayde Transport Enterprise Agreement 2016-2019.

No further orders were made by the court. The agreement was approved as presented and is now in effect.

HBM Nominees Pty Ltd T/A Jayde Transport

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established