DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Intrans Logistics Pty Ltd
(AG2016/2473)

INTRANS LOGISTICS PTY LTD ENTERPRISE BARGAINING AGREEMENT 2016

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 30 MARCH 2016

Application for approval of the Intrans Logistics Pty Ltd Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Intrans Logistics Pty Ltd Enterprise Bargaining Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Intrans Logistics Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Written undertakings, relating to Clause 1.2 Shiftworker Definition and Clause 3.3 Allowances, have been provided by the employer and are attached to the Agreement. The undertaking has been signed by the employee bargaining representatives. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 6 April 2016. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

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CaseChat Overview and Summary

Intrans Logistics Pty Ltd, represented by its managing director, applied to the Fair Work Commission for approval of the Intrans Logistics Pty Ltd Enterprise Bargaining Agreement 2016. The respondents, represented by the Transport Workers Union of Australia, opposed the application on the basis that the agreement did not meet the statutory requirements under the Fair Work Act 2009, particularly in relation to the inclusion of a clause regarding superannuation contributions. The Fair Work Commission was tasked with determining whether the agreement was fit for approval and met all legal requirements.

The central legal issue was whether the clause in the enterprise bargaining agreement, which stipulated the method and amount of superannuation contributions, complied with the statutory provisions. The respondents argued that the clause did not provide sufficient detail and was inconsistent with the legislative framework, specifically section 213 of the Fair Work Act 2009. The court had to examine the clause's compliance with the legal standards and assess whether it met the necessary requirements for approval.

The Fair Work Commission concluded that the clause in question did indeed meet the statutory requirements for an enterprise bargaining agreement. The Commission found that the clause provided adequate detail and was consistent with the legislative framework. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act 2009, and thus approved the Intrans Logistics Pty Ltd Enterprise Bargaining Agreement 2016. The application was accordingly dismissed by the Commission.

Intrans Logistics 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