National Fleet Administrative Services Pty Ltd

[2013] FWCA 4728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Fleet Administrative Services Pty Ltd
(AG2013/1710)

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

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 JULY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the National Fleet Administrative Services P/L: QLD Company Drivers Enterprise 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] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2013. The nominal expiry date will be 22 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Fleet Administrative Services Pty Ltd applied for approval of their 2013 Queensland Company Drivers Enterprise Agreement. The Fair Work Commission heard the matter, and the applicants were represented by counsel. The applicants sought approval under section 234 of the Fair Work Act 2009. The respondents, the drivers, were represented by a union, and they opposed the application.

The primary legal issue before the Commission was whether the agreement met the requirements of section 234 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained terms that complied with the good faith bargaining provisions, if the agreement was in the best interests of the employees, and if it was free from any improper influences. The Commission also considered whether the process through which the agreement was reached was fair and reasonable.

The Commission examined the evidence presented by both parties, including the terms of the agreement and the bargaining process. It found that the agreement contained terms that complied with the good faith bargaining provisions and that it was in the best interests of the employees. The Commission was satisfied that the agreement was free from any improper influences and that the process through which it was reached was fair and reasonable. As a result, the Commission approved the agreement under section 234 of the Fair Work Act.

The Commission approved the National Fleet Administrative Services P/L: QLD Company Drivers Enterprise Agreement 2013. The approval is effective from the date of the decision and will remain in force until a new agreement is approved or until the agreement is terminated under the Fair Work Act. The applicants and respondents are bound by the terms of the approved agreement, and it will govern the employment conditions of the drivers for the duration of its approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established