NJ Ashton Pty Ltd T/A NJ Ashton Pty Ltd

[2024] FWCA 2593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NJ Ashton Pty Ltd T/A NJ Ashton Pty Ltd

(AG2024/2197)

NJ ASHTON AND THE TRANSPORT WORKERS’ UNION - ENTERPRISE AGREEMENT 2022-2026

Road transport industry
COMMISSIONER ALLISON	MELBOURNE, 15 JULY 2024

Application for approval of the NJ Ashton and the Transport Workers’ Union - Enterprise Agreement 2022-2026.

An application has been made for approval of an enterprise agreement known as the NJ Ashton and the Transport Workers’ Union – Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It has been made by NJ Ashton Pty Ltd. The Agreement is a single enterprise agreement.

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

The Transport Workers’ Union of Australia (TWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2024, notwithstanding clause 17 of the Agreement. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NJ Ashton Pty Ltd, trading as NJ Ashton, and the Transport Workers’ Union sought approval of an enterprise agreement. The agreement, covering the period 2022 to 2026, was the subject of a dispute, and the matter was heard in the Fair Work Commission. The primary issue before the court was whether the proposed agreement met the requirements set out in the Fair Work Act 2009, particularly concerning the procedural fairness, the proper consideration of the parties' submissions, and the overall compliance with the Act. Additionally, the court had to determine if the agreement provided a fair and reasonable outcome for all involved parties, including employees and employers.

The court meticulously reviewed the submissions from both parties and the evidence presented. It examined whether the agreement was made in good faith and whether it adhered to the legal standards for procedural fairness. The court also assessed if the agreement addressed the legitimate needs and interests of the parties involved. Furthermore, the court considered whether the agreement provided for a fair and reasonable outcome for all employees covered by it, in line with the overarching principles of the Fair Work Act.

In its decision, the court found that the agreement was made in good faith and that the process followed was procedurally fair. It determined that the agreement addressed the legitimate needs and interests of both parties and provided for a fair and reasonable outcome for the employees. The court was satisfied that all relevant considerations had been appropriately taken into account, and the agreement complied with the statutory requirements. As such, the court approved the enterprise agreement.

The final order was that the NJ Ashton and the Transport Workers’ Union - Enterprise Agreement 2022-2026 be approved and registered by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established