DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Heavy Vehicle Regulator
(AG2020/2508)

NHVR ADMINISTRATION AND PROFESSIONALS ENTERPRISE AGREEMENT 2020 - 2023

State and Territory government administration
COMMISSIONER SIMPSON	BRISBANE, 15 SEPTEMBER 2020

Application for approval of the NHVR Administration and Professionals Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the NHVR Administration and Professionals Enterprise Agreement 2020 - 2023 (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 Applicant). The Agreement is a single enterprise agreement.

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

[3] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the National Heavy Vehicle Regulator (NHVR) applied for the approval of the NHVR Administration and Professionals Enterprise Agreement 2020 - 2023. The application was opposed by the Public Transport Union (PTU), the union that represents the employees in question. The dispute centred on various aspects of the proposed agreement, including the classification of roles, pay rates, and other employment conditions.

The primary legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the process of its creation and its provisions. The PTU argued that the agreement was not fairly and properly negotiated and that some of its terms were not in the best interests of the employees. The NHVR, on the other hand, contended that the agreement was the product of genuine negotiations and that it was fair and reasonable.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement was indeed the result of genuine negotiations and that it contained terms and conditions that were fair and reasonable. The Commission determined that the NHVR had fulfilled its obligations under the Fair Work Act and that the agreement met the statutory requirements for approval. Consequently, the Commission approved the NHVR Administration and Professionals Enterprise Agreement 2020 - 2023.

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