DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mondiale VGL Pty Ltd
(AG2021/5475)

MONDIALE VGL PTY LTD AND TRANSPORT WORKERS UNION OF AUSTRALIA (NSW BRANCH) SYDNEY TRANSPORT DIVISION ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 JUNE 2021

Application for approval of the Mondiale VGL Pty Ltd and Transport Workers’ Union of Australia (NSW Branch) Sydney Transport Division Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Mondiale VGL Pty Ltd and Transport Workers’ Union of Australia (NSW Branch) Sydney Transport Division Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mondiale VGL Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 11 June 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Transport Workers’ Union of Australia (TWU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] Subject to the undertakings referred to above, 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.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mondiale VGL Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement with the Transport Workers’ Union of Australia (NSW Branch) Sydney Transport Division. The parties had reached an agreement that was to cover drivers employed by Mondiale VGL, and the union sought to have the agreement approved under the Fair Work Act 2009. The application was made in the absence of the employer, and the union submitted that the agreement met the criteria for approval under the Act.

The central legal issue for the Commission was whether the agreement met the requirements for approval under section 232 of the Fair Work Act. This involved assessing whether the agreement was a good faith bargaining outcome, covered the relevant employees, and complied with the procedural requirements. The Commission needed to determine if the agreement was appropriately negotiated and whether it was in the best interests of the employees. The union argued that the agreement was fairly negotiated and met all the necessary criteria, while the employer was not present to contest these points.

The Fair Work Commission found that the agreement was appropriately negotiated in good faith and met the criteria for approval. The Commission noted the union’s submissions and the absence of any evidence to the contrary from the employer. The Commission was satisfied that the agreement was a genuine outcome of bargaining and that it was in the best interests of the employees. The agreement was also found to comply with all procedural requirements, including proper notice and opportunity for consultation. The Commission concluded that the agreement was fair and reasonable and approved it under section 232 of the Fair Work Act.

The Fair Work Commission approved the Mondiale VGL Pty Ltd and Transport Workers’ Union of Australia (NSW Branch) Sydney Transport Division Enterprise Agreement 2021. This decision confirmed the agreement as a valid and binding enterprise agreement, effective from the date of approval.

Mondiale VGL 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