DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HBM Nominees Pty Ltd T/A Jayde Transport
(AG2020/3869)

JD CONTAINER LOGISTICS ENTERPRISE AGREEMENT 2019 - 2023

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 28 JANUARY 2021

Application for approval of the JD Container Logistics Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the JD Container Logistics Enterprise Agreement 2019 - 2023 (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 of the Act as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, HBM Nominees Pty Ltd trading as Jayde Transport, sought approval for the JD Container Logistics Enterprise Agreement 2019-2023. The matter was heard by the Fair Work Commission. The primary dispute involved the terms of the proposed enterprise agreement and whether it complied with the relevant legislative framework, specifically the Fair Work Act 2009.

The court was required to determine if the agreement met the statutory requirements, including whether it provided for minimum terms and conditions, was free from prohibited content, and was negotiated in good faith. Key issues included whether the agreement appropriately balanced the rights and obligations of employers and employees, and whether it included all necessary provisions for employee entitlements, such as minimum wages, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement substantially complied with the statutory requirements. The court examined the negotiation process and concluded that it had been conducted in good faith. The agreement was found to provide for minimum terms and conditions, included necessary provisions for employee entitlements, and did not contain any prohibited content. As a result, the court approved the JD Container Logistics Enterprise Agreement 2019-2023, noting that it adequately addressed the needs of both employers and employees while remaining compliant with the Fair Work Act 2009.

HBM Nominees Pty Ltd T/A Jayde Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established