DECISION

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

NT Queensland Pty Ltd T/A Neway Transport
(AG2016/3298)

NEWAY TRANSPORT ENTERPRISE AGREEMENT QLD 2015

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 10 JUNE 2016

Application for approval of the Neway Transport Enterprise Agreement QLD 2015.

[1] An application has been made for approval of an enterprise agreement known as the Newway Transport Enterprise Agreement QLD 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NT Queensland Pty Ltd T/A Neway Transport. The Agreement is a single-enterprise agreement.

[2] The model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 17 June 2016. The nominal expiry date of the Agreement is 28 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Neway Transport Pty Ltd applied to the Fair Work Commission for approval of the Neway Transport Enterprise Agreement QLD 2015. The application was made by Neway Transport, and the applicant was represented by counsel, while the respondent, the Transport Workers Union of Australia, was represented by an authorised officer. The application was made under section 232 of the Fair Work Act 2009, and the respondent did not oppose the application.

The legal issue before the Commission was whether the agreement met the requirements of section 231 of the Act, which sets out the criteria for an enterprise agreement to be approved. Specifically, the Commission needed to determine whether the agreement provided for the fair and efficient determination of terms and conditions of employment, and whether it included any terms that were contrary to public policy.

The Commission found that the agreement met the requirements of the Act. It provided for the fair and efficient determination of terms and conditions of employment, and did not include any terms that were contrary to public policy. The Commission noted that the agreement included provisions for dispute resolution, which was a positive feature. The Commission also noted that the agreement provided for a minimum rate of pay for employees, which was in line with industry standards.

The Commission approved the Neway Transport Enterprise Agreement QLD 2015, and registered it as a registered agreement under the Fair Work Act 2009. The approval was effective from the date of registration, and the agreement applied to all employees of Neway Transport who were covered by the agreement. The Commission made orders accordingly.

NT Queensland Pty Ltd T/A Neway Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established