John L Pierce Pty Ltd

[2022] FWCA 4374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John L Pierce Pty Ltd

(AG2022/5035)

JOHN L PIERCE NORTHERN DRIVERS AGREEMENT 2022

Road transport industry
COMMISSIONER P RYAN	SYDNEY, 12 DECEMBER 2022

Application for approval of the John L Pierce Northern Region Drivers Agreement 2022

John L Pierce Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the John L Pierce Northern Drivers Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 19 December 2022. The nominal expiry date of the Agreement is 12 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, John L Pierce Pty Ltd, sought approval from the Fair Work Commission for a new enterprise agreement, the John L Pierce Northern Region Drivers Agreement 2022. The applicant's employees, represented by the Transport Workers Union of Australia, objected to the agreement, arguing it was not fair and reasonable and did not meet the requirements of the Fair Work Act 2009. The Commission was asked to determine whether the agreement should be approved.

The legal issues before the Commission included whether the agreement complied with the formal requirements of the Fair Work Act, whether it provided for terms and conditions that were fair and reasonable, and whether it was consistent with the principles of good faith bargaining. The Commission also needed to consider the objectors' arguments that the agreement did not adequately protect employees' rights and interests.

In making its decision, the Commission examined the terms and conditions of the agreement, the bargaining process, and the submissions of both parties. The Commission found that the agreement met the formal requirements of the Act and was consistent with the principles of good faith bargaining. The Commission also found that the agreement provided for terms and conditions that were fair and reasonable, taking into account the need to balance the interests of both parties. The Commission rejected the objectors' arguments that the agreement was not in the best interests of the employees.

The Commission approved the John L Pierce Northern Region Drivers Agreement 2022, finding that it met the requirements of the Act and was fair and reasonable. The agreement will now be registered with the Fair Work Commission and will apply to the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established