DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lovatt Transport Pty Ltd
(AG2019/180)

LOVATT TRANSPORT PROFESSIONAL DRIVERS ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 1 JULY 2019

Application for approval of the Lovatt Transport Professional Drivers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lovatt Transport Professional Drivers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lovatt Transport 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 is approved and, in accordance with s.54 of the Act, will operate from 8 July 2019. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lovatt Transport Pty Ltd applied for approval of the Lovatt Transport Professional Drivers Enterprise Agreement 2019. The application was before the Fair Work Commission, which exercises the jurisdiction of the Federal Court in matters relating to the Fair Work Act 2009. The application was opposed by the Australian Transport Officers’ Union, which argued that the agreement did not meet the requirements of the Act.

The key issue before the Commission was whether the agreement complied with the mandatory provisions of the Act, including provisions relating to minimum entitlements and the process for approving enterprise agreements. The Commission considered whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it had been negotiated in good faith.

The Commission found that the agreement was compliant with the Act and approved it. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, including minimum entitlements such as minimum wages, leave entitlements and penalty rates. The Commission also found that the agreement had been negotiated in good faith, as required by the Act. The Commission considered that the agreement provided for a fair and reasonable outcome for all parties, and that it met the requirements of the Act.

The Fair Work Commission approved the Lovatt Transport Professional Drivers Enterprise Agreement 2019. The Commission found that the agreement met the requirements of the Fair Work Act 2009, including provisions relating to minimum entitlements and the process for approving enterprise agreements. The Commission considered that the agreement provided for a fair and reasonable outcome for all parties, and that it was in the best interests of the employees.

Lovatt Transport 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