DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Heavy Vehicle Regulator
(AG2017/3398)

NHVR GREENFIELDS (OPERATIONAL AND ON-ROAD REGULATORY COMPLIANCE EMPLOYEES) - ENTERPRISE AGREEMENT 2017-2020

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 26 SEPTEMBER 2017

Application for approval of the NHVR Greenfields (Operational and On-road Regulatory Compliance Employees) - Enterprise Agreement 2017-2020.

[1] An application has been made for approval of a greenfields agreement known as the NHVR Greenfields (Operational and On-road Regulatory Compliance Employees) - Enterprise Agreement 2017-2020 (Agreement). The application was made by the National Heavy Vehicle Regulator pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CPSU, the Community and Public Sector Union and the Australian Municipal, Administrative, Clerical and Services Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CPSU, the Community and Public Sector Union and the Australian Municipal, Administrative, Clerical and Services Union and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2017. The nominal expiry date of the Agreement is 30 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the NHVR Greenfields (Operational and On-road Regulatory Compliance Employees) - Enterprise Agreement 2017-2020. The applicant was the National Heavy Vehicle Regulator, while the respondent was the Transport Workers Union of Australia. The nature of the dispute centred on the terms and conditions of employment for employees within the specified category.

The legal issues before the Commission encompassed whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for genuine bargaining, the avoidance of underpayment, and the fairness of the agreement as a whole. The Commission had to determine whether the agreement met the threshold criteria for approval and if it contained any provisions that were contrary to public policy or otherwise unacceptable.

The Commission examined the evidence and submissions presented by both parties. It concluded that the agreement was the product of genuine bargaining, with both parties having engaged in a meaningful negotiation process. The Commission found that the agreement addressed key issues such as pay rates, penalties, and other employment conditions in a manner that was fair and reasonable. The Commission approved the enterprise agreement, noting that it met the statutory requirements and did not contain any terms that were contrary to public policy.

The final orders included the approval of the NHVR Greenfields (Operational and On-road Regulatory Compliance Employees) - Enterprise Agreement 2017-2020, with the agreement to take effect from the date of the Commission's decision.

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