National Heavy Vehicle Regulator Summary

[2014] FWCA 158

FAIR WORK COMMISSION

DECISION

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

National Heavy Vehicle Regulator
(AG2013/11950)

NHVR SINGLE ENTERPRISE AGREEMENT 2013-2017

State and Territory government administration
COMMISSIONER BOOTH	BRISBANE, 13 JANUARY 2014

Application for approval of the NHVR Single Enterprise Agreement 2013-2017.

[1] An application has been made for approval of a single enterprise agreement known as the NHVR Single Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by National Heavy Vehicle Regulator.

[2] On the basis of the material before me, 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.

[3] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

• The Association of Professional Engineers, Scientists and Managers, Australia;

• Together Queensland, Industrial Union of Employees; and

• CPSU, the Community and Public Sector Union.

In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 20 January 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the National Heavy Vehicle Regulator, sought approval for the NHVR Single Enterprise Agreement 2013-2017. The applicant argued that the agreement was necessary to ensure the smooth operation of its functions and to maintain industrial harmony within the organisation. The application was made under section 56 of the Public Sector Management Act 1994 (Cth). The dispute involved the interpretation and application of the Act and the need for the approval of the enterprise agreement.

The court was required to determine whether the agreement met the criteria for approval under the Act, including whether it promoted efficiency, effectiveness, and productivity within the organisation, and whether it was consistent with the public interest. The court also needed to consider whether the agreement provided for appropriate terms and conditions of employment for the employees of the applicant, including reasonable working hours, leave entitlements, and remuneration. Additionally, the court had to examine whether the agreement complied with relevant industrial laws and regulations.

The court found that the agreement met the criteria for approval under the Act. It determined that the agreement promoted efficiency, effectiveness, and productivity within the organisation and was consistent with the public interest. The court also found that the agreement provided for appropriate terms and conditions of employment for the employees of the applicant and complied with relevant industrial laws and regulations. The court was satisfied that the agreement was fair and reasonable and did not contain any terms that were contrary to the public interest.

The court approved the NHVR Single Enterprise Agreement 2013-2017 and ordered that it be registered under section 56 of the Public Sector Management Act 1994 (Cth). The agreement was to commence on 1 July 2013 and expire on 30 June 2017. The applicant was required to provide a copy of the approved agreement to the Fair Work Commission for registration under the Fair Work Act 2009 (Cth). The court's decision provided certainty and stability for the employees of the applicant and ensured that the organisation could continue to operate effectively and efficiently.

National Heavy Vehicle Regulator

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established