National Fleet Administrative Services Pty Ltd

[2013] FWCA 9582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Fleet Administrative Services Pty Ltd
(AG2013/10211)

NATIONAL FLEET ADMINISTRATIVE SERVICES P/L: NSW COMPANY DRIVERS ENTERPRISE BARGAINING AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 5 DECEMBER 2013

Application for approval of the National Fleet Administrative Services P/L: NSW Company Drivers Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the National Fleet Administrative Services P/L: NSW Company Drivers Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by National Fleet Administrative Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2013. The nominal expiry date of the Agreement is 11 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Fleet Administrative Services Pty Ltd applied for approval of the NSW Company Drivers Enterprise Bargaining Agreement 2013. The application was made to the Fair Work Commission. The primary dispute was whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it appropriately balanced the interests of the employer and the employees.

The legal issues before the Commission included whether the agreement covered all necessary terms and conditions of employment, whether it complied with the Fair Work Act’s provisions for employee representation, and if it provided fair and reasonable terms and conditions. The Commission also needed to assess if the agreement was made in good faith and whether it met the standards of procedural fairness.

In considering these issues, the Commission found that the agreement was comprehensive and included all mandatory terms as required by the Fair Work Act. The Commission noted that the agreement was negotiated in good faith, with proper representation of the employees and sufficient consultation. It determined that the terms and conditions were fair and reasonable, taking into account the specific nature of the industry and the bargaining positions of both parties. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the National Fleet Administrative Services P/L: NSW Company Drivers Enterprise Bargaining Agreement 2013, finding it to be compliant with the Fair Work Act and appropriately balanced in favour 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