John E Hogan Pty Ltd Summary

[2014] FWCA 1557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John E Hogan Pty Ltd
(AG2013/11999)

JOHN E HOGAN ROAD TRANSPORT DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 5 MARCH 2014

Application for approval of the John E Hogan Road Transport Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the John E Hogan Road Transport Drivers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by John E Hogan Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 4 March 2014 undertakings were provided by Mr S Lombardelli, the Company’s Director. Pursuant to s.190 of the Act, I accept the undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2014. The nominal expiry date of the Agreement is 11 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, John E Hogan Pty Ltd, sought approval of the John E Hogan Road Transport Drivers Enterprise Agreement 2013. The respondent, the Transport Workers Union of Australia, argued that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement was a "bargained" agreement and whether it complied with the good faith bargaining obligations under the Fair Work Act 2009. The Commission found that the agreement was indeed a bargained agreement and that it complied with the good faith bargaining obligations. The Commission held that the agreement was made in good faith and that it was a genuine agreement between the parties.

The Commission's reasoning was based on the evidence presented by the parties and the application of the relevant statutory provisions. The Commission found that the parties had engaged in genuine and meaningful negotiations, and that the agreement reflected the outcome of those negotiations. The Commission also found that the agreement complied with the good faith bargaining obligations because it contained provisions that were consistent with the principles of good faith bargaining.

The final orders made by the Commission were that the John E Hogan Road Transport Drivers Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The respondent's application for review was dismissed with costs.

John E Hogan Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established