Liverpool Transport Co Pty Ltd

[2013] FWCA 368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Liverpool Transport Co Pty Ltd
(AG2013/4244)

LIVERPOOL TRANSPORT CO PTY LTD AND THE TRANSPORT WORKERS' UNION OF AUSTRALIA FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 JANUARY 2013

Application for approval of the Liverpool Transport Co Pty Ltd and the Transport Workers' Union of Australia Fair Work Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Liverpool Transport Co Pty Ltd and the Transport Workers' Union of Australia Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 22 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Liverpool Transport Co Pty Ltd and the Transport Workers' Union of Australia. The dispute centred around the application for the approval of the Fair Work Agreement 2012. This case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the resolution of genuine issues, ensured procedural fairness, and contained appropriate provisions for the protection of employee interests.

The Commission found that the agreement adequately addressed the resolution of genuine issues and ensured procedural fairness. The agreement included provisions for the establishment of a joint consultative committee, which provided a forum for the resolution of workplace issues and disputes. Furthermore, the agreement contained protections for employees, including provisions for redundancy payments, notice of termination, and the right to return to employment after parental leave. The Commission concluded that the agreement was in the best interests of the employees and approved the application for the agreement's registration.

The Commission approved the application for the registration of the Liverpool Transport Co Pty Ltd and the Transport Workers' Union of Australia Fair Work Agreement 2012. The decision was based on the finding that the agreement met the statutory requirements for approval under the Fair Work Act 2009 and provided for the resolution of genuine issues, ensured procedural fairness, and contained appropriate provisions for the protection of employee interests. The agreement was registered, and the parties were bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established