DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin Brower Australia Pty Ltd
(AG2017/3434)

MARTIN BROWER AUSTRALIA PTY LTD AND TRANSPORT WORKERS UNION OF AUSTRALIA - DRIVERS ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia-Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia – Drivers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Martin Brower Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia (TWU) 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2017. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case concerning Martin Brower Australia Pty Ltd, the Fair Work Commission was tasked with determining the approval of the 2017 Enterprise Agreement between Martin Brower Australia Pty Ltd and the Transport Workers Union of Australia-Drivers. The dispute arose from the application submitted by Martin Brower Australia Pty Ltd seeking formal endorsement of this agreement, which sets out the terms and conditions of employment for its drivers.

The primary legal issues the Commission needed to address involved whether the agreement met the statutory requirements under the Fair Work Act 2009, including the provisions related to the agreement's compliance with the "better off overall test" and its adherence to the "good faith" bargaining principles. Additionally, the Commission had to ensure that the agreement did not include any terms that were contrary to the public interest or that would otherwise be unfair to employees.

The Commission examined the submissions and evidence provided by both parties, focusing on the extent to which the agreement provided fair and reasonable terms for the drivers. It also considered the submissions on the "better off overall test," which required that employees should not be worse off financially under the new agreement compared to their previous conditions. The Commission concluded that the agreement satisfied these criteria, noting the improvements in various aspects such as leave entitlements, shift differentials, and other conditions of employment. Consequently, the Commission approved the Enterprise Agreement, recognising its compliance with the necessary statutory requirements.

The final orders of the Commission were to approve the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia-Drivers Enterprise Agreement 2017, effective from the date of the decision. This approval signifies that the agreement is now legally binding between the parties and will govern the employment terms of the drivers for the specified period.

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