DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Janala Pty Ltd T/A Cope Sensitive Freight
(AG2018/4577)

COPE SENSITIVE FREIGHT ENTERPRISE AGREEMENT (VICTORIA) 2018

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 21 DECEMBER 2018

Application for approval of the COPE Sensitive Freight Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the COPE Sensitive Freight Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Janala Pty Ltd T/A Cope Sensitive Freight. The Agreement is a single enterprise agreement.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Janala Pty Ltd, trading as Cope Sensitive Freight, and its employees represented by the Transport Workers Union. The dispute centred on the approval of the COPE Sensitive Freight Enterprise Agreement 2018. The Commission was required to determine whether the agreement met the statutory requirements for approval, including that it was fairly negotiated, provided for appropriate processes for resolving workplace disputes, and contained appropriate minimum terms and conditions. The application for approval was made by the employer, Janala Pty Ltd, and the Union argued that certain provisions of the agreement did not meet the statutory requirements.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009, specifically sections relating to the negotiation and approval of enterprise agreements. Key points of contention included whether the agreement provided for appropriate dispute resolution processes and whether it contained adequate minimum terms and conditions. The Union argued that the agreement did not sufficiently address certain workplace issues, while the employer contended that the agreement was fairly negotiated and met all necessary requirements.

In evaluating the application, the Commission considered the negotiation process, the content of the agreement, and whether it complied with the statutory provisions. The Commission found that, while the negotiation process was generally satisfactory, there were deficiencies in the dispute resolution processes outlined in the agreement. However, the Commission concluded that the overall agreement provided for fair and reasonable terms and conditions and that the deficiencies could be remedied by minor amendments. As a result, the Commission approved the agreement, subject to certain modifications to the dispute resolution provisions.

The final orders of the Commission included the approval of the COPE Sensitive Freight Enterprise Agreement 2018, with conditions that required the parties to amend the dispute resolution provisions to meet the statutory requirements. The modifications were to be implemented within a specified timeframe, and the agreement was to be registered with the Fair Work Commission upon compliance with these conditions.

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