DECISION

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

Martin Brower Australia Pty Ltd
(AG2021/287)

MARTIN BROWER AUSTRALIA PTY LTD AND TRANSPORT WORKERS UNION OF AUSTRALIA- DRIVERS ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 3 MAY 2021

Application for approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia- Drivers Enterprise Agreement 2020.

[1] Martin Brower Australia Pty Ltd (the Applicant) have applied for approval of an enterprise agreement known as the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia- Drivers Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 February 2021.

[3] On 8 April 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 8 April 2021. The undertaking deals with the following topics:

• The definition of a shift worker is amended consistent with, and will be for the purposes of, the National Employment Standards (NES),

• Clause 28, which deals with job abandonment, is amended to be consistent with the NES,

• Clause 48, which deals with carer’s leave, is amended to be consistent with the NES.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Transport Workers’ Union”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Martin Brower Australia Pty Ltd, a food service distribution company, and the Transport Workers Union of Australia, who represented the drivers in the enterprise agreement negotiations. The dispute centred on the approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia- Drivers Enterprise Agreement 2020. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues before the Commission were whether the agreement had been made in good faith, the process of negotiation and consultation adhered to, and whether the terms of the agreement were fair and reasonable. Additionally, the Commission had to consider if the agreement adequately protected the interests of the drivers and whether it complied with the relevant legislative requirements.

The Fair Work Commission found that the agreement had been made in good faith, and the negotiation process was fair and comprehensive. The Commission noted that the agreement covered essential terms such as wages, hours of work, leave provisions, and other employment conditions. The Commission concluded that the agreement was fair and reasonable and adequately protected the interests of the drivers. Consequently, the Commission approved the agreement, finding it met all the necessary criteria under the Act.

As a result of the Commission's decision, the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia- Drivers Enterprise Agreement 2020 was approved and registered. The agreement became binding on all parties involved, setting out the terms and conditions of employment for the drivers working for Martin Brower Australia Pty Ltd.

Martin Brower Australia 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