DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Fleet Administrative Services Pty Ltd T/A Kings Transport (SA) P/L
(AG2016/6476)

NATIONAL FLEET ADMINISTRATIVE SERVICES P/L: SA COMPANY DRIVERS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 31 OCTOBER 2016

Application for approval of the National Fleet Administrative Services P/L: SA Company Drivers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the National Fleet Administrative Services P/L: SA Company Drivers Enterprise Agreement 2016 (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 T/A Kings Transport (SA) P/L. The Agreement is a single-enterprise agreement.

[2] On 27 October 2016, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2016. The nominal expiry date of the Agreement is 30 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were National Fleet Administrative Services Pty Ltd, trading as Kings Transport (SA) P/L, and the Fair Work Commission. The dispute centred on the approval of the National Fleet Administrative Services P/L: SA Company Drivers Enterprise Agreement 2016. The court that heard this matter was the Fair Work Commission, an Australian industrial relations tribunal.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement proposed by National Fleet Administrative Services Pty Ltd complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for being a "single interest" enterprise agreement, which includes having a single employer and a single class of employees, and if it had been fairly negotiated. The court also had to assess whether the agreement provided for appropriate terms and conditions of employment, including pay rates, hours of work, and other conditions that were fair and reasonable.

The Fair Work Commission found that the proposed enterprise agreement did indeed meet the statutory criteria. The court held that the agreement was a "single interest" enterprise agreement as it involved a single employer and a single class of employees. The Commission was satisfied that the agreement had been fairly negotiated, and that the terms and conditions provided were fair and reasonable. The court noted that the agreement included provisions for minimum pay rates, overtime, penalty rates, and other employment conditions that were in line with industry standards and provided for adequate protections for the employees. Therefore, the Fair Work Commission approved the enterprise agreement.

In conclusion, the Fair Work Commission approved the National Fleet Administrative Services P/L: SA Company Drivers Enterprise Agreement 2016. The court found that the agreement met the requirements of the Fair Work Act 2009, including being a "single interest" enterprise agreement and having been fairly negotiated. The agreement was deemed to provide for appropriate terms and conditions of employment that were fair and reasonable.

National Fleet Administrative Services Pty Ltd T/A Kings Transport (SA) 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