DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NT WESTAUS PTY LTD T/A Neway Transport
(AG2017/3148)

NEWAY TRANSPORT WESTAUS CERTIFIED AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 5 DECEMBER 2017

Application for approval of the Neway Transport WestAus Certified Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Neway Transport WestAus Certified 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 NT WESTAUS PTY LTD T/A Neway Transport. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2017. The nominal expiry date of the Agreement is 1 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Neway Transport WestAus Certified Agreement 2017. The applicant, NT WestAus Pty Ltd trading as Neway Transport, sought approval of the agreement, which was to be applied to employees classified as "General Employee" under the agreement. The primary dispute centred around the terms and conditions of employment as stipulated in the agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the court were whether the agreement provided for the protection of employees' rights, whether it was made in accordance with the relevant industrial legislation, and whether it met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the procedural requirements, if it contained provisions that were contrary to public policy or the general law, and if it was fair and reasonable in all its terms. The court also needed to assess if the agreement was made without any improper influence or coercion.

In determining the application, the court considered the process through which the agreement was negotiated and the extent to which it provided for fair and reasonable terms for the employees. The court examined the submissions made by the parties and the evidence provided, focusing on the procedural fairness of the agreement-making process and the substantive fairness of the terms. The court found that the agreement was negotiated in good faith, was not made under duress, and contained terms that were fair and reasonable. The court concluded that the agreement met all the necessary criteria for approval and did not contravene any public policy or general law principles. Consequently, the court approved the Neway Transport WestAus Certified Agreement 2017.

NT WESTAUS 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