Martin Brower Australia Pty Ltd t/a Martin Brower Australia Pty Ltd

[2024] FWCA 2568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Martin Brower Australia Pty Ltd t/a Martin Brower Australia Pty Ltd

(AG2024/1882)

MARTIN BROWER AUSTRALIA PTY LTD AND TRANSPORT WORKERS UNION OF AUSTRALIA DRIVERS ENTERPRISE AGREEMENT 2023

Road transport industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 10 JULY 2024

Application for approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia Drivers Enterprise Agreement 2023

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 2023 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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 requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 5 of the Agreement provides that this Agreement shall be read and interpreted in conjunction with the National Employment Standards (NES) provided that where there is any inconsistency between this Agreement and the NES, the more beneficial provision to an employee shall take precedence.

The Transport Workers’ Union of Australia NSW/QLD (Interim Governance) Branch (TWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Martin Brower Australia Pty Ltd trading as Martin Brower Australia Pty Ltd, an application was brought to the Fair Work Commission to approve a drivers' enterprise agreement. The Transport Workers Union of Australia, as the bargaining representative, and Martin Brower Australia Pty Ltd, the employer, entered into the Martin Brower Australia Pty Ltd Drivers Enterprise Agreement 2023. The union sought the Commission's approval of the agreement, which governs the terms and conditions of employment for drivers employed by the company. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it contained only matters that could be included in an enterprise agreement, and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission had to consider if the agreement was negotiated in good faith, covered the relevant employees, and contained provisions that were necessary for the operation of a fair and efficient workplace. Additionally, the Commission examined whether the union had provided the employer with adequate information to facilitate meaningful negotiations.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was a genuine enterprise agreement negotiated in good faith and covered all relevant drivers employed by Martin Brower Australia Pty Ltd. The Commission was satisfied that the agreement contained only matters that could be included in an enterprise agreement and that it complied with the procedural requirements of the Fair Work Act. The Commission also determined that the agreement provided for a fair and efficient workplace, and that the union had provided the employer with adequate information to facilitate meaningful negotiations.

Consequently, the Commission approved the Martin Brower Australia Pty Ltd Drivers Enterprise Agreement 2023, which will now govern the terms and conditions of employment for drivers employed by Martin Brower Australia Pty Ltd. The agreement provides for a range of matters, including wages and conditions, dispute resolution, and other employment-related matters. The approval of the agreement ensures that the drivers employed by Martin Brower Australia Pty Ltd will be covered by a fair and effective enterprise agreement that balances the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established