Neway Holdings Pty Ltd T/A Neway Transport NSW

[2013] FWCA 1187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Neway Holdings Pty Ltd T/A Neway Transport NSW
(AG2013/4980)

NEWAY TRANSPORT ENTERPRISE AGREEMENT NSW 2012

Road transport industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 20 FEBRUARY 2013

Application for approval of the Neway Transport Enterprise Agreement NSW 2012.

[1] An application has been made for approval of an enterprise agreement known as the Neway Transport Enterprise Agreement NSW 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neway Holdings Pty Ltd T/A Neway Transport NSW. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54, will operate from 27 February 2013. The nominal expiry date of the Agreement is 19 November 2015.

[5] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Neway Holdings Pty Ltd T/A Neway Transport NSW was the subject of an application for approval of the Neway Transport Enterprise Agreement NSW 2012, which was heard in the Fair Work Commission. The primary dispute centred around the provisions of the proposed enterprise agreement, specifically concerning the classification and remuneration of drivers within the company. The application was brought by the employer, seeking the Commission's approval of the proposed agreement, while the union representing the drivers contested certain aspects of the agreement, particularly those related to pay rates and conditions.

The central legal issues that the Commission had to address were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the classification of employees and the minimum rates of pay. The union argued that the proposed agreement did not adequately address the pay rates for drivers, which they claimed were below industry standards. The employer, on the other hand, contended that the proposed agreement was fair and reasonable, providing adequate protections for the employees while also being beneficial to the business.

The Commission carefully considered the evidence and submissions from both parties, assessing the fairness and reasonableness of the proposed agreement. The Commission found that while the proposed agreement did not perfectly align with the union's expectations, it did provide for fair and reasonable terms for the drivers. The Commission concluded that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was thus approved, and the Neway Transport Enterprise Agreement NSW 2012 was accepted as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established