Janala Pty Limited T/A COPE Sensitive Freight

[2024] FWCA 2875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Janala Pty Limited T/A COPE Sensitive Freight

(AG2024/2545)

COPE SENSITIVE FREIGHT ENTERPRISE AGREEMENT (VICTORIA) 2024

Road transport industry
COMMISSIONER ALLISON	MELBOURNE, 6 AUGUST 2024

Application for approval of the COPE Sensitive Freight Enterprise Agreement (Victoria) 2024

Janala Pty Limited T/A COPE Sensitive Freight (the Employer) has made an application pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single-enterprise agreement known as the COPE Sensitive Freight Enterprise Agreement (Victoria) 2024 (the Agreement).

The Transport Workers’ Union of Australia (TWU), 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 TWU.

Clause 5 of the Agreement outlines its relationship to the Road Transport and Distribution Award 2020 (the Award) but does not expressly incorporate the Award. The Employer provided a written undertaking that the Award is incorporated into the Agreement.

A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

The Agreement does not contain a delegates’ rights term as required by s.205A of the Act. However noting the undertaking provided by the employer, I am satisfied that the delegates’ rights term in the Award will apply to the Agreement.

Subject to the undertaking 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Janala Pty Limited trading as COPE Sensitive Freight, the Fair Work Commission was tasked with determining whether to approve the COPE Sensitive Freight Enterprise Agreement (Victoria) 2024. This agreement, if approved, would regulate the employment terms and conditions of employees in the sensitive freight industry in Victoria. The application for approval arose from negotiations between the employer and the relevant union, which had reached an impasse requiring the intervention of the Fair Work Commission.

The central legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to ascertain whether the agreement was in the best interests of the employees and whether it provided for appropriate terms and conditions of employment, including minimum rates of pay, classification, and other conditions. Additionally, the Commission had to consider whether the agreement met the requirements for good faith bargaining and whether it provided for a fair and reasonable process for resolving disputes.

Upon reviewing the evidence and submissions, the Fair Work Commission determined that the COPE Sensitive Freight Enterprise Agreement (Victoria) 2024 was in the best interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum rates of pay and classification. Furthermore, the Commission concluded that the agreement was the product of good faith bargaining between the employer and the union, and that it provided for an effective process for resolving disputes. Based on these findings, the Commission approved the enterprise agreement, subject to the conditions outlined in the decision. The approval of the agreement ensures that employees in the sensitive freight industry in Victoria will benefit from fair and reasonable employment terms and conditions, promoting a stable and productive working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established