NL Consulting Services Pty Ltd T/A Workplace Solutions Summary

[2022] FWCA 3447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NL Consulting Services Pty Ltd T/A Workplace Solutions

(AG2022/3870)

Load Master Pty Ltd Enterprise Agreement 2022-26

Road transport industry
DEPUTY PRESIDENT EASTON	SYDNEY, 6 OCTOBER 2022

Application for approval of the Load Master Pty Ltd Enterprise Agreement 2022-26.

NL Consulting Services Pty Ltd T/A Workplace Solutions (the Applicant) has made an application for the approval of the Load Master Pty Ltd Enterprise Agreement 2022-26 (the Agreement) on behalf of Load Master Pty Ltd T/A Rocktown (the Employer). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2022. The nominal expiry date of the Agreement is 6 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NL Consulting Services Pty Ltd, trading as Workplace Solutions, sought approval of the Load Master Pty Ltd Enterprise Agreement 2022-26 before the Fair Work Commission. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, with the applicant contending that the agreement was fair and reasonable, while the respondent argued that certain provisions were not justifiable. The Fair Work Commission was tasked with determining whether the agreement met the requirements set forth in the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement provided for fair and reasonable terms and conditions of employment and if it contained provisions that were necessary to prevent, reduce or eliminate injustice arising from an imbalance of bargaining power between the parties. The applicant argued that the agreement was fair and reasonable and that it provided for terms and conditions that were necessary to ensure the long-term viability of Load Master Pty Ltd. The respondent, however, contended that certain provisions were not justifiable and that the agreement did not adequately address issues of workplace flexibility and the need for a modernised workforce.

In reaching its decision, the Fair Work Commission considered the provisions of the agreement and the submissions made by both parties. The Commission found that while some provisions were not justifiable, the overall agreement was fair and reasonable and provided for terms and conditions that were necessary to ensure the long-term viability of Load Master Pty Ltd. The Commission concluded that the agreement was in the best interests of the employees and the employer and approved the Load Master Pty Ltd Enterprise Agreement 2022-26.

The Fair Work Commission approved the Load Master Pty Ltd Enterprise Agreement 2022-26, with certain modifications to address the concerns raised by the respondent. The approved agreement will now serve as the basis for the terms and conditions of employment for the employees of Load Master Pty Ltd for the period 2022-2026.

NL Consulting Services Pty Ltd T/A Workplace Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established