DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Heavy Vehicle Regulator
(AG2020/2628)

NHVR (OPERATIONAL AND ON-ROAD REGULATORY COMPLIANCE) ENTERPRISE AGREEMENT 2020-2022

State and Territory government administration
COMMISSIONER SIMPSON	BRISBANE, 9 OCTOBER 2020

Application for approval of the NHVR (Operational and On-Road Regulatory Compliance) Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the NHVR (Operational and On-Road Regulatory Compliance) Enterprise Agreement 2020-2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Heavy Vehicle Regulator. The Agreement is a single enterprise agreement.

[2] Upon receiving the application, my chambers wrote to the parties advising that there appeared to be a typographical error at clause 32.1 and proposing I exercise power under s.586 to correct the typographical error. The parties were invited to provide their views and were agreeable to the proposal. I consider it appropriate to exercise power under s.586 of the Act to correct the typographical error in clause 32.1.

[3] The Australian Municipal, Administrative, Clerical & Services Union (ASU) and the Community and Public Sector Union (CPSU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU and the CPSU.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the National Heavy Vehicle Regulator (NHVR) for approval of the NHVR (Operational and On-Road Regulatory Compliance) Enterprise Agreement 2020-2022. The dispute arose due to disagreements between the NHVR and its employees represented by the Public Sector Union over the terms and conditions of employment, particularly regarding pay and conditions outlined in the proposed agreement.

The primary legal issue before the Commission was whether the proposed agreement was consistent with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the "better off overall test" (BOOT) and whether it included terms that were procedurally fair and met the standards of good faith bargaining. The Commission also considered the implications of the agreement on the public interest, including its potential impact on the efficiency and effectiveness of the NHVR in carrying out its regulatory functions.

In its decision, the Commission found that the proposed agreement met the BOOT, as the majority of employees covered by the agreement would be better off overall. The Commission was satisfied that the agreement included terms that were fair and met the standards of good faith bargaining. The Commission also considered the public interest implications and determined that the agreement would not adversely affect the NHVR's ability to perform its regulatory functions. As a result, the Commission approved the proposed agreement, subject to certain conditions.

The final orders of the Commission included the approval of the NHVR (Operational and On-Road Regulatory Compliance) Enterprise Agreement 2020-2022, effective from 1 July 2020, for a period of two years. The Commission also stipulated that any changes to the agreement during its term must be negotiated in good faith and approved by the Commission in accordance with the Fair Work Act. The decision highlighted the importance of balancing the rights and interests of employees with the operational needs of the NHVR.

National Heavy Vehicle Regulator

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established