Mort & Co Transport Pty Ltd Summary

[2025] FWCA 793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mort & Co Transport Pty Ltd

(AG2025/310)

MORT & CO TRANSPORT ENTERPRISE AGREEMENT 2025

Road transport industry
COMMISSIONER HUNT	BRISBANE, 3 MARCH 2025

Application for approval of the Mort & Co Transport Enterprise Agreement 2025

Mort & Co Transport Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Mort & Co Transport Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 1 October 2024 and the Agreement was made on 29 January 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2025. The nominal expiry date of the Agreement is 3 March 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The Mort & Co Transport Pty Ltd matter involved an application to the Fair Work Commission for the approval of an enterprise agreement. The applicant, Mort & Co Transport, sought the endorsement of the Mort & Co Transport Enterprise Agreement 2025. The legal issues before the Commission revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated, provided for the proper registration of employees and independent contractors, and contained terms that were procedurally fair and compliant with the relevant legislative provisions.

The Fair Work Commission commenced its analysis by examining the negotiation process of the agreement. It considered whether the bargaining representatives of both parties had genuinely negotiated the terms of the agreement in good faith. Additionally, the Commission reviewed the provisions of the agreement to ensure they aligned with the requirements of the Fair Work Act, including the protection of employee rights and the provision of adequate procedural fairness. The Commission also assessed if the agreement adequately provided for the registration of employees and independent contractors, as mandated by the legislation.

Upon reviewing the evidence and submissions, the Commission found that the Mort & Co Transport Enterprise Agreement 2025 met all the statutory requirements for approval. The negotiation process was deemed genuine, and the agreement's terms were found to be procedurally fair and compliant with the Fair Work Act. The Commission concluded that the agreement provided for the proper registration of employees and independent contractors, and that it contained necessary protections and entitlements for the workforce. Consequently, the Commission approved the agreement, paving the way for its implementation within the organisation.

The Fair Work Commission issued an order approving the Mort & Co Transport Enterprise Agreement 2025. The order mandated that the agreement be registered with the Fair Work Commission and that it would come into effect from the date of approval. The order also specified the procedures for the registration of employees and independent contractors as outlined in the agreement. The decision underscored the importance of ensuring that enterprise agreements are negotiated in good faith and adhere to the legislative framework to protect the rights of both employers and employees.

Mort & Co Transport Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established