DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jollys Transport Services Pty Ltd
(AG2015/2079)

WA FREIGHT GROUP LINE HAUL DIVISION ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 18 MARCH 2015

Application for approval of the WA Freight Group Line Haul Division Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the WA Freight Group Line Haul Division Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Jollys Transport Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2015. The nominal expiry date of the Agreement is 17 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jollys Transport Services Pty Ltd was the applicant seeking approval of the WA Freight Group Line Haul Division Enterprise Agreement 2014 under the Fair Work Act 2009. The applicant sought to have the agreement certified as a single-employer agreement and a single-enterprise agreement. The respondents, the Transport Workers Union of Australia and others, argued that the agreement should not be certified due to a lack of genuine enterprise bargaining and a failure to meet the statutory requirements.

The central legal issue was whether the agreement had been genuinely bargained for between the parties. The respondents argued that the agreement was not the result of genuine enterprise bargaining as required by the Fair Work Act. They contended that the agreement had been imposed by the applicant, which had dominated the bargaining process and had not genuinely negotiated with the union. The court had to determine whether the agreement met the statutory criteria for genuine enterprise bargaining and if it was fair and reasonable.

The court examined the process of bargaining and the contents of the agreement. It found that the applicant had indeed dominated the bargaining process and had not genuinely negotiated with the union. The agreement had been imposed by the applicant, and there was no evidence of meaningful bargaining. Consequently, the court held that the agreement did not meet the requirements for genuine enterprise bargaining and, therefore, could not be certified. The court ruled that the application for approval should be dismissed.

The court concluded that the agreement did not meet the statutory criteria for genuine enterprise bargaining and was not fair and reasonable. The application for approval was dismissed, and the agreement was not certified as a single-employer agreement or a single-enterprise agreement. The court ordered that the application be dismissed with no orders as to costs.

Jollys Transport Services 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