Northern Haulage & Diesel Services Pty Ltd

[2017] FWCA 4601

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Northern Haulage & Diesel Services Pty Ltd

(AG2017/2203)

Northern Haulage & Diesel Services Pty Ltd Enterprise Agreement 2017

Road transport industry
Commissioner Lee	MELBOURNE, 5 SEPTEMBER 2017

Application for approval of the Northern Haulage & Diesel Services Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Northern Haulage & Diesel Services Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Haulage & Diesel Services Pty Ltd. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2017. The nominal expiry date of the Agreement 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the Fair Work Commission received an application for the approval of the Northern Haulage & Diesel Services Pty Ltd Enterprise Agreement 2017. The applicant, Northern Haulage & Diesel Services Pty Ltd, sought to have the agreement approved under the provisions of the Fair Work Act. The nature of the dispute involved the terms and conditions of employment for the workers covered by the agreement, specifically focusing on wage rates, penalty rates, and other employment conditions.

The central legal issues the Fair Work Commission had to address were whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for minimum pay rates and conditions, and if it was made in good faith and without coercion. The Commission also considered whether the agreement adequately covered the relevant employees and whether it was fair and reasonable in all its terms.

The Fair Work Commission evaluated the agreement based on the statutory criteria set out in the Fair Work Act. It determined that the agreement provided for minimum pay rates and conditions that were no less favourable than the relevant national workplace determination. The Commission also found that the agreement was made in good faith and without coercion, and it adequately covered the relevant employees. After considering all the evidence and submissions, the Fair Work Commission approved the Northern Haulage & Diesel Services Pty Ltd Enterprise Agreement 2017, finding it to be fair and reasonable in all its terms.

The Fair Work Commission's final orders included the approval of the Enterprise Agreement, which would now govern the employment conditions of the workers covered by the agreement. This decision provided certainty and clarity for both the employer and the employees, ensuring that the terms of the agreement were legally binding and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established