Janala Pty Limited T/A COPE Sensitive Freight Summary

[2022] FWCA 375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Janala Pty Limited T/A COPE Sensitive Freight
(AG2021/9226)

COPE SENSITIVE FREIGHT ENTERPRISE AGREEMENT (VICTORIA) 2021

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 7 FEBRUARY 2022

Application for approval of the COPE Sensitive Freight Enterprise Agreement (Victoria) 2021

[1] Janala Pty Limited T/A COPE Sensitive Freight (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the COPE Sensitive Freight Enterprise Agreement (Victoria) 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] An undertaking was provided by the Employer in response to a concern the Commission held in relation to the operation of a certain clause. A copy of the Undertaking is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertaking is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertaking. Pursuant to subsection 190(3) of the Act, I accept the Undertaking. In accordance with s.201(3) of the Act, a copy of the undertaking will be attached to the Agreement and forms part of the Agreement.

[4] The Agreement does not contain a flexibility term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[6] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[7] The Agreement is approved in accordance with s.54 of the Act and will operate from 14 February 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the recent matter before the Fair Work Commission, Janala Pty Limited, trading as COPE Sensitive Freight, applied for the approval of the COPE Sensitive Freight Enterprise Agreement (Victoria) 2021. This application arose from the need to formalise the employment terms and conditions for employees working under the COPE Sensitive Freight enterprise. The legal issues at hand primarily revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009, including compliance with the process for bargaining and the content of the agreement itself.

The Commission considered whether the agreement was made in good faith, and whether the process of bargaining was fair and lawful. Furthermore, the Commission examined the substantive terms of the agreement to ensure they were fair and reasonable, and whether they provided adequate protections and benefits to the employees. The primary concern was whether the agreement adhered to the statutory minimum standards and whether it facilitated a productive workplace relationship.

In rendering its decision, the Commission determined that the COPE Sensitive Freight Enterprise Agreement (Victoria) 2021 met all necessary statutory requirements. The bargaining process was deemed to be fair and conducted in good faith, with adequate representation and opportunity for employee participation. The substantive terms of the agreement were also found to be fair and reasonable, offering appropriate protections and benefits to the employees while maintaining a balance with the operational needs of the enterprise. The Commission approved the agreement, finding it to be in compliance with the requirements of the Fair Work Act 2009.

Janala Pty Limited T/A COPE Sensitive Freight

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established