DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NT Vic Pty Ltd
(AG2015/6019)

NEWAY TRANSPORT VICTORIA ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 DECEMBER 2015

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

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

[2] On 30 November 2015 an undertaking was provided by Mr Gordon Boulton, the Company’s General Manager, in relation to the meal allowance. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia, Victorian/Tasmanian Branch 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 10 December 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of NT Vic Pty Ltd involved the applicant seeking approval of the Neway Transport Victoria Enterprise Agreement 2015. The applicant argued that the agreement was suitable for approval under the Fair Work Act 2009, given that it met the criteria for a low paid occupational group, as defined by the Fair Work Commission. The applicant was a transport operator that had entered into the agreement with its employees, who were classified as part of the low paid occupational group.

The primary legal issue before the court was whether the agreement complied with the statutory requirements for approval, particularly in terms of the provisions regarding pay rates, hours of work, and other terms and conditions. The applicant contended that the agreement was fair and reasonable, as it had been negotiated in good faith and reflected the economic realities faced by the industry. The court needed to determine if the agreement met the criteria for approval as set out in the Fair Work Act and whether it provided appropriate protections for the employees.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, found that the agreement contained terms and conditions that were fair and reasonable. The Commission noted that the agreement provided for a structured pay progression system and included provisions for additional payments for overtime and public holidays. The Commission concluded that the agreement was suitable for approval, as it provided for a fair and reasonable outcome for both the employer and employees, taking into account the economic circumstances of the industry. The court upheld the application for approval of the Neway Transport Victoria Enterprise Agreement 2015, recognising the agreement as a fair and reasonable means of regulating the employment relationship between the parties.

The court's decision was that the applicant's application for approval of the enterprise agreement should be granted. The agreement was deemed to be fair and reasonable, and in compliance with the statutory requirements set out in the Fair Work Act. The court's approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are adequately regulated and protected under the Act.

NT Vic Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established