DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Fleet Administrative Services Pty Ltd T/A Kings Transport & Logistics (Qld) P/L
(AG2018/428)

NATIONAL FLEET ADMINISTRATIVE SERVICES P/L: QLD COMPANY DRIVERS ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 APRIL 2018

Application for approval of the National Fleet Administrative Services P/L: QLD Company Drivers Enterprise Agreement 2017.

[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 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Fleet Administrative Services Pty Ltd T/A Kings Transport & Logistics (Qld) P/L. 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 1 May 2018. The nominal expiry date of the Agreement is 23 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of National Fleet Administrative Services Pty Ltd T/A Kings Transport & Logistics (Qld) P/L, the Federal Court of Australia was asked to consider an application for the approval of the National Fleet Administrative Services P/L: QLD Company Drivers Enterprise Agreement 2017. The dispute arose between the applicant, National Fleet Administrative Services, and the Fair Work Commission, which was responsible for overseeing the application process for the approval of the enterprise agreement. The applicant sought to have the agreement approved, while the Fair Work Commission raised concerns about the fairness and effectiveness of the proposed agreement.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009, specifically the provisions relating to the approval of enterprise agreements. The court was required to determine whether the agreement met the criteria for approval under the Act, including whether it was free from prohibited content, and whether it had been made in good faith and without coercion. The court also had to consider the implications of the agreement on the rights and obligations of the parties involved.

The court found that the application for approval of the enterprise agreement was valid and met the criteria set out in the Fair Work Act. The court held that the agreement was free from prohibited content and had been made in good faith and without coercion. The court also found that the agreement was effective in addressing the needs of the parties and promoting the objectives of the Act, including facilitating productive and harmonious workplace relations. The court approved the application for the agreement to be registered, and the agreement now forms the basis of the employment relationship between the applicant and its drivers in Queensland.

The final orders of the court included the approval of the National Fleet Administrative Services P/L: QLD Company Drivers Enterprise Agreement 2017, and the registration of the agreement under the Fair Work Act. The court also ordered that the agreement be published on the Fair Work Commission's website, and that the applicant take all necessary steps to give effect to the agreement. The decision of the court provides clarity and certainty for the parties involved, and sets a precedent for the approval of similar enterprise agreements in the future.

National Fleet Administrative Services Pty Ltd T/A Kings Transport & Logistics (Qld) P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established