DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McClintock’s Transport Pty Ltd
(AG2017/2440)

MCCLINTOCK’S TRANSPORT PTY LTD ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 AUGUST 2017

Application for approval of the McClintock’s Transport Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the McClintock’s Transport Pty Ltd 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 McClintock’s Transport 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 21 August 2017 and, in accordance with s.54, will operate from 28 August 2017. The nominal expiry date of the Agreement is 28 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of McClintock’s Transport Pty Ltd, the Fair Work Commission (FWC) was called upon to determine the approval of the McClintock’s Transport Pty Ltd Enterprise Agreement 2017. The applicants for the agreement were the Transport Workers Union of Australia (TWU), and the respondents were McClintock’s Transport Pty Ltd. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement. The TWU sought approval of the agreement, while McClintock’s Transport Pty Ltd opposed certain aspects of it.

The key legal issues that the FWC had to address included whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009, including whether it met the "better off overall test" (BOOT). This test required the FWC to determine whether the proposed agreement would provide employees with a minimum rate of pay and conditions that are no worse than those provided under the applicable award or registered agreement, and whether it was likely to be more advantageous overall. Additionally, the FWC needed to consider whether the agreement adequately addressed the bargaining needs of the employees and if it complied with the good faith bargaining obligations under the Act.

After examining the arguments presented by both parties, the FWC found that the proposed agreement did indeed meet the BOOT. The FWC noted that the agreement provided for wages and conditions that were not worse than the applicable award and contained provisions that were likely to be more advantageous to the employees. Furthermore, the FWC was satisfied that the agreement addressed the bargaining needs of the employees and that the bargaining process had been conducted in good faith. Consequently, the FWC approved the McClintock’s Transport Pty Ltd Enterprise Agreement 2017.

In conclusion, the FWC approved the proposed enterprise agreement, recognising its compliance with the statutory requirements and its potential benefits for the employees. The FWC's decision was grounded in its assessment of the agreement against the BOOT and its consideration of the bargaining process. The approval of the agreement allows for its implementation, providing a framework for the terms and conditions of employment for the employees of McClintock’s Transport Pty Ltd.

McClintock’s 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