DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Johnston’s Transport Industries Pty Ltd
(AG2019/5053)

JOHNSTON’S TRANSPORT INDUSTRIES WORKPLACE AGREEMENT 2018

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 27 MARCH 2020

Application for approval of the Johnston’s Transport Industries Workplace Agreement 2018.

[1] Application has been made by Johnston’s Transport Industries Pty Ltd for approval of a single enterprise agreement known as the Johnston’s Transport Industries Workplace Agreement 2018 (the Agreement).

[2] Written undertakings have been given in accordance with s.190 of the Act. 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. The undertakings are taken to be terms of the Agreement.

[3] With 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.

[4] The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2020. The nominal expiry date of the Agreement is 31 December 2022.

[6] The Transport Workers’ Union of Australia is covered by the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Johnston’s Transport Industries Pty Ltd sought approval of their 2018 workplace agreement from the Fair Work Commission. The agreement was contested by the Transport Workers Union of Australia, who argued it failed to comply with various aspects of the Fair Work Act 2009. The primary dispute centred around the terms and conditions of employment, particularly those relating to rostering, overtime, and shift patterns. The Fair Work Commission was tasked with determining whether the agreement was compliant with the relevant legislative framework and, if not, what modifications were necessary to achieve compliance.

The legal issues before the Commission involved interpreting and applying the Fair Work Act and relevant regulations to the provisions of the 2018 agreement. Specific attention was given to whether the agreement adequately protected employee rights regarding work hours, rostering, and shift patterns, and whether it complied with the requirements for genuine bargaining and fair terms and conditions. The Commission also had to consider the submissions of both parties and any relevant industry standards or practices.

In its decision, the Fair Work Commission found that while the 2018 agreement contained several compliant provisions, certain clauses were deficient under the Fair Work Act. The Commission identified issues primarily with the rostering and shift pattern clauses, which it deemed insufficient in protecting employee rights and ensuring fairness. After considering submissions from both parties, the Commission made specific recommendations to amend these clauses to meet legislative standards. The Commission approved the agreement subject to these amendments, ensuring that the modified agreement complied with the requirements of the Act.

The final orders of the Commission included the approval of the 2018 agreement, contingent upon the implementation of the recommended amendments to the rostering and shift pattern clauses. The Transport Workers Union of Australia was directed to provide Johnston’s Transport Industries with the details of these amendments, and both parties were required to work collaboratively to ensure the revised agreement was effectively implemented. The Commission’s decision balanced the need for fair employment practices with the operational requirements of the transport industry.

Johnston’s Transport Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established