Load Master Pty Ltd

[2018] FWCA 5660

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Load Master Pty Ltd

(AG2018/2423)

Load Master Pty Ltd Enterprise Agreement 2018 - 2022

Road transport industry
Commissioner Harper-Greenwell	MELBOURNE, 10 SEPTEMBER 2018

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

An application has been made for approval of an enterprise agreement known as the Load Master 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 Pty Ltd. The Agreement is a single enterprise agreement.

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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

Load Master Pty Ltd applied to the Fair Work Commission for approval of the Load Master Pty Ltd Enterprise Agreement 2018 - 2022. The application was made by the employer, Load Master Pty Ltd, on 26 November 2018. The Commission was required to determine whether the agreement met the requirements of section 231 of the Fair Work Act 2009 for registration.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements for registration under the Fair Work Act 2009. This included determining whether the agreement had been made freely and voluntarily, without any coercion, and whether it contained the mandatory terms and conditions as stipulated by the Act.

In assessing the application, the Commission examined the processes followed in the making of the agreement, including the extent of consultation and the steps taken to ensure employee participation. The Commission also considered whether the agreement met the mandatory minimum entitlements and whether it provided for fair and reasonable terms and conditions of employment. After reviewing the evidence and submissions, the Commission determined that the agreement complied with the necessary requirements and approved the application for registration. The decision was made on 21 February 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established