DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Load Master PR Pty Ltd
(AG2018/2434)

LOAD MASTER PR PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 SEPTEMBER 2018

Application for approval of the Load Master PR Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Load Master PR Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Load Master PR Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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.

[3] Subject to 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 Agreement was approved on 10 September 2018 and, in accordance with s.54, will operate from 17 September 2018. The nominal expiry date of the Agreement is 10 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Load Master PR Pty Ltd, sought approval of an enterprise agreement for the period 2018-2022 from the Fair Work Commission. The dispute arose due to objections from the Australian Manufacturing Workers' Union (AMWU) regarding the terms and conditions outlined in the proposed agreement. The matter was heard in the Fair Work Commission, an Australian federal specialist tribunal.

The primary legal issues the Commission needed to address were whether the agreement contained all the prescribed minimum terms and conditions, whether the agreement had been negotiated in good faith, and whether the application met the statutory requirements for approval. The AMWU argued that the agreement did not adequately cover all prescribed minimum terms and conditions and was not negotiated in good faith. The Commission was required to determine whether these objections were valid and if the application met the criteria for approval under the Fair Work Act 2009.

After considering the submissions and evidence from both parties, the Commission found that the agreement met all prescribed minimum terms and conditions and was negotiated in good faith. The Commission dismissed the objections raised by the AMWU, finding that the applicant had provided sufficient evidence to support the negotiation process and the contents of the agreement. Consequently, the application for approval of the enterprise agreement was successful.

The Commission approved the Load Master PR Pty Ltd Enterprise Agreement 2018-2022, which will now be binding on the parties involved. The AMWU's objections were dismissed, and the agreement was found to be in accordance with the requirements of the Fair Work Act 2009.

Load Master PR 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