DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ironhorse Intermodal Pty Ltd T/A Wakefields Transport
(AG2017/2698)

IRONHORSE INTERMODAL LINEHAUL DRIVERS AGREEMENT 2016

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 11 SEPTEMBER 2017

Application for approval of the Ironhorse Intermodal Linehaul Drivers Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ironhorse Intermodal Linehaul Drivers 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 Ironhorse Intermodal Pty Ltd T/A Wakefields Transport. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Ironhorse Intermodal Pty Ltd, trading as Wakefields Transport, applied for the approval of the Ironhorse Intermodal Linehaul Drivers Agreement 2016. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a safety net agreement. The dispute centred on the terms and conditions of employment for the drivers, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission involved assessing whether the agreement met the statutory criteria for approval as a safety net agreement. This included ensuring that the agreement provided minimum terms and conditions that were no less favourable than the relevant industrial instrument or, in the absence of one, the national minimum terms and conditions set out in the Fair Work Act. The Commission also needed to consider whether the agreement complied with the requirements of the Fair Work Act, including the provision for genuine bargaining and the protection of employees' rights.

The Commission found that the Ironhorse Intermodal Linehaul Drivers Agreement 2016 met the statutory criteria for approval. The agreement provided for minimum terms and conditions that were no less favourable than the relevant industrial instrument. The Commission noted that the agreement had been the subject of genuine bargaining between the parties, and it included provisions that protected employees' rights, such as provisions for leave, maximum weekly hours, and dispute resolution mechanisms. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and approved the application for the agreement to be registered as a safety net agreement. The approval ensures that the drivers employed by Ironhorse Intermodal Pty Ltd under the agreement are provided with minimum terms and conditions that meet the national safety net standards.

Ironhorse Intermodal Pty Ltd T/A Wakefields Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established