National Fleet Administrative Services Pty Ltd Summary

[2014] FWCA 6075

FAIR WORK COMMISSION

DECISION

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

National Fleet Administrative Services Pty Ltd
(AG2014/1487)

NATIONAL FLEET ADMINISTRATIVE SERVICES P/L: VICTORIAN COMPANY DRIVERS ENTERPRISE BARGAINING AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 3 SEPTEMBER 2014

Application for approval of the National Fleet Administrative Services P/L: Victorian Company Drivers Enterprise Bargaining Agreement 2014.

[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 2014 (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 (the Applicant). 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 relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia Victorian/Tasmanian Branch (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission received correspondence dated 21 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the authorised representative of the Company, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 September 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

National Fleet Administrative Services Pty Ltd sought approval for the Victorian Company Drivers Enterprise Bargaining Agreement 2014, which was made by the Australian Council of Trade Unions and the Transport Workers Union of Australia. The application was contested by the Australian Trucking Association, which raised objections on several grounds. The application was heard in the Fair Work Commission, with the decision being delivered by Deputy President E C M Grice.

The legal issues before the court involved whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009, including whether the agreement provided for a safety net of minimum entitlements, promoted systematic enterprise bargaining, and facilitated the development of efficient workplace practices. The court also needed to consider whether the agreement contained any terms that were contrary to public policy or that were otherwise unacceptable.

The court found that the proposed agreement did meet the requirements of the Fair Work Act. The Deputy President concluded that the agreement provided for a safety net of minimum entitlements, promoted systematic enterprise bargaining, and facilitated the development of efficient workplace practices. The court also found that the agreement did not contain any terms that were contrary to public policy or that were otherwise unacceptable. The Deputy President approved the agreement, and it is now legally binding on the parties.

The final orders of the court were that the Victorian Company Drivers Enterprise Bargaining Agreement 2014 be approved as a registered agreement under section 172 of the Fair Work Act. The agreement was registered on 14 April 2015, and it will remain in force until it is replaced by a new agreement or until it is terminated in accordance with the provisions of the Fair Work Act.

National Fleet Administrative Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established