DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Janala Pty Ltd T/A COPE Sensitive Freight
(AG2021/5861)

COPE SENSITIVE FREIGHT NSW ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT EASTON	SYDNEY, 14 JULY 2021

Application for approval of the COPE Sensitive Freight NSW Enterprise Agreement 2021.

[1] Janala Pty Ltd T/A COPE Sensitive Freight (the Employer) has made an application for the approval of the COPE Sensitive Freight NSW Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] The Transport Workers’ Union of Australia (TWU) was a bargaining representative for the Agreement and 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Janala Pty Ltd T/A COPE Sensitive Freight, the Fair Work Commission (FWC) considered an application for the approval of the COPE Sensitive Freight NSW Enterprise Agreement 2021. The applicant, Janala Pty Ltd, trading as COPE Sensitive Freight, sought approval of the agreement under the Fair Work Act 2009. The dispute centred around the provisions of the proposed agreement and whether they met the criteria for approval under the Fair Work Act.

The primary legal issues before the FWC were whether the proposed agreement contained the necessary safety net protections and whether it was free from any illegality. The FWC had to ensure that the agreement did not undermine the minimum entitlements set out in the National Employment Standards and other awards and that it was not discriminatory or otherwise unlawful. Furthermore, the FWC considered whether the agreement provided adequate mechanisms for the resolution of disputes between the parties.

The FWC carefully examined the provisions of the proposed agreement, focusing on whether the minimum wages and conditions were at least equal to the applicable awards or national employment standards. The Commission also assessed whether the agreement included proper dispute resolution processes. After thorough deliberation, the FWC concluded that the agreement did meet the necessary criteria for approval. The agreement contained adequate safety net protections, provided fair mechanisms for dispute resolution, and did not contravene any provisions of the Fair Work Act.

As a result, the FWC approved the COPE Sensitive Freight NSW Enterprise Agreement 2021. The approval ensures that the agreement will govern the employment conditions of the relevant employees and will be enforceable under the Fair Work Act. This decision provides clarity for both employers and employees regarding the terms and conditions of their employment under the new agreement.

Janala Pty Ltd T/A COPE Sensitive Freight

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established