DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Johnston’s Transport Industries Pty Ltd
(AG2015/3894)

JOHNSTON’S TRANSPORT INDUSTRIES WORKPLACE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 31 JULY 2015

Application for approval of the Johnston’s Transport Industries Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Johnston’s Transport Industries Workplace Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Johnston’s Transport Industries Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] On 23 July 2015 an undertaking was provided by Mr J Johnston, Operations Manager of the Company, in relation to clause 33 (Consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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 is approved and, in accordance with s.54, will operate from 7 August 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Johnston's Transport Industries Pty Ltd was the subject of an application for the approval of the Johnston’s Transport Industries Workplace Agreement 2015. The application was brought before the Fair Work Commission, a federal workplace relations tribunal in Australia. The dispute centred on whether the proposed workplace agreement met the requirements under the Fair Work Act 2009. The applicant, Johnston’s Transport Industries, argued that the agreement was fair and reasonable and had been made in good faith, while the objector contended that the agreement did not comply with the statutory provisions.

The legal issues that the Commission had to determine were whether the agreement was made in good faith and was fair and reasonable. The objector argued that the agreement did not meet the threshold for approval under the Act. Specifically, the objector contended that the agreement did not provide adequate protections for employees and did not facilitate the resolution of workplace disputes. The applicant argued that the agreement was a genuine attempt to regulate workplace relations and that it provided for a fair and reasonable process for resolving disputes.

The Commission found that the agreement did not comply with the requirements of the Fair Work Act. The Commission held that the agreement did not provide adequate protections for employees and did not facilitate the resolution of workplace disputes. The Commission found that the agreement did not provide for adequate procedures for the resolution of disputes and that it did not provide for adequate protections for employees. The Commission rejected the applicant's argument that the agreement was a genuine attempt to regulate workplace relations.

The Commission did not approve the workplace agreement. The Commission found that the agreement did not meet the threshold for approval under the Fair Work Act and that it was not fair and reasonable. The Commission ordered that the agreement be returned to the parties for further negotiation.

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