DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Fleet Administrative Services Pty Ltd T/A Kings Transport & Logistics (VIC) P/L
(AG2019/3185)

NATIONAL FLEET ADMINISTRATIVE SERVICES P/L: VICTORIAN COMPANY DRIVERS ENTERPRISE BARGAINING AGREEMENT 2018

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 OCTOBER 2019

Application for approval of the National Fleet Administrative Services P/L: Victorian Company Drivers Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the National Fleet Administrative Services P/L: Victorian Company Drivers Enterprise Bargaining Agreement 2018 (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 (VIC) P/L. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement was approved on 1 October 2019 and, in accordance with s.54, will operate from 8 October 2019. The nominal expiry date of the Agreement is 1 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

National Fleet Administrative Services Pty Ltd, trading as Kings Transport & Logistics (VIC) P/L, applied for approval of the Victorian Company Drivers Enterprise Bargaining Agreement 2018. The application was heard in the Fair Work Commission. The applicant sought the approval of the agreement under section 233 of the Fair Work Act 2009, which requires that the agreement meet certain criteria, including that it be free from prohibited content and that it has been fairly negotiated.

The central legal issues before the Commission were whether the agreement contained any provisions that were prohibited by the Fair Work Act and whether the agreement was the product of genuine bargaining between the employer and the employees. The Commission needed to examine the content of the agreement and the process by which it was negotiated to ensure compliance with the statutory requirements. The applicant argued that the agreement was fair and free from prohibited content, while no other party contested the application directly.

In considering the application, the Commission reviewed the provisions of the agreement and found that they did not contain any content that was prohibited by the Fair Work Act. The Commission also examined the process of negotiation and concluded that the agreement was the product of genuine bargaining. The Commission took into account the evidence presented by the applicant regarding the negotiation process, including the fact that the agreement was the result of discussions between the parties over a period of time and that it reflected the terms and conditions of employment agreed upon by both parties. Based on this evidence, the Commission was satisfied that the agreement met the statutory requirements for approval.

Consequently, the Fair Work Commission approved the Victorian Company Drivers Enterprise Bargaining Agreement 2018. The Commission made an order approving the agreement under section 233 of the Fair Work Act 2009. This approval means that the agreement is now a registered agreement, and the terms and conditions set out in the agreement will apply to the employees covered by it.

National Fleet Administrative Services Pty Ltd T/A Kings Transport & Logistics (VIC) 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