Janala Pty Ltd T/A Cope Transport Summary

[2014] FWCA 5339

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Janala Pty Ltd T/A Cope Transport
(AG2014/6804)

COPE TRANSPORT ENTERPRISE AGREEMENT (VICTORIA) 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 6 AUGUST 2014

Application for approval of the Cope Transport Enterprise Agreement (Victoria) 2014.

[1] The decision issued by the Fair Work Commission on 6 August 2014 [[2014] FWCA 5339], is corrected as follows:

By deleting paragraph [6] and inserting the following:

“[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Janala Pty Ltd, trading as Cope Transport, applied for approval of a single-enterprise agreement under section 185 of the Fair Work Act 2009. The applicant sought to implement changes to its employees' terms and conditions of employment, including a reduction in working hours and changes to shift patterns. The application was opposed by the Australian Council of Trade Unions, who argued that the proposed agreement did not meet the requirements of the Fair Work Act.

The court was required to determine whether the proposed agreement met the criteria for approval under section 185 of the Fair Work Act. Specifically, the court needed to consider whether the agreement provided for a fair and efficient workplace, whether it was free from coercion and undue influence, and whether it was consistent with the principles of the Fair Work Act.

The court found that the proposed agreement did not meet the criteria for approval under section 185 of the Fair Work Act. The court was concerned that the proposed changes to working hours and shift patterns would result in significant disruptions to the employees' work-life balance and would not provide for a fair and efficient workplace. The court also found that the applicant had not adequately addressed the concerns of the employees and had not demonstrated that the proposed agreement was free from coercion and undue influence.

The court refused the applicant's application for approval of the single-enterprise agreement. The court ordered that the applicant take all necessary steps to ensure that the employees were not subjected to the proposed changes until such time as an agreement was reached that met the requirements of the Fair Work Act.

Janala Pty Ltd T/A Cope Transport

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established