DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peter Cochrane Management Pty Ltd T/A Peter Cochrane Transport Pty Ltd
(AG2019/795)

THE PETER COCHRANE MANAGEMENT, EMPLOYEE & TWU COLLECTIVE AGREEMENT 2018

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 12 JUNE 2019

Application for approval of the The Peter Cochrane Management, Employee & TWU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Peter Cochrane Management, Employee & TWU Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Peter Cochrane Management Pty Ptd T/A Peter Cochrane Transport Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 May 2019.

[3] On 31 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] On 5 June 2019 the Applicant has submitted an undertaking in the required form. The undertaking deals with the following topics:

• The reference to payment of 6 hours where a public holiday falls on a Friday has been removed.

• Despite clause 13.3 of the Agreement, the evidence required to be provided for an employee to be entitled to personal leave shall be as per s.107 of the Act – that is, evidence that would satisfy a reasonable person.

• Clauses 6.1(e), (f) and (g) of the Agreement shall no longer operate.

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• All designated Long Distance Relief Drivers shall be:

• paid a loading of 25% of the appropriate trip rate for all runs they perform; and

• be rostered in a manner consistent with the NHVL fatigue management guidelines and have the right to refuse relief work should they not be rested.

• Other drivers who perform relief driving with less than 12 hour’s notice shall have a 25% loading applied to the trip undertaken as a standalone payment. The loading will not apply where the driver has requested the relief work.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Transport Workers’ Union of Australia (TWU)”, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case of Peter Cochrane Management Pty Ltd T/A Peter Cochrane Transport Pty Ltd, the dispute was before the Fair Work Commission (FWC) regarding the approval of the Peter Cochrane Management, Employee & TWU Collective Agreement 2018. The application for approval was brought forward by Peter Cochrane Management Pty Ltd, who sought to have the collective agreement ratified by the FWC, ensuring it met the necessary requirements under the Fair Work Act 2009.

The central legal issues that the FWC had to address were whether the agreement was made in accordance with the Act, whether it contained the necessary minimum terms and conditions, and if the agreement was made fairly and in good faith. The FWC needed to examine the bargaining process to ensure it was free from any undue influence or coercion and that the agreement was genuinely negotiated between the parties.

Upon reviewing the evidence, the FWC found that the agreement was made in accordance with the Act and that it contained all the required minimum terms and conditions. The FWC was satisfied that the agreement was negotiated fairly and in good faith, and that the bargaining process was conducted without any undue influence. Consequently, the FWC approved the Peter Cochrane Management, Employee & TWU Collective Agreement 2018, recognising it as a valid and enforceable agreement between the parties.

The FWC's decision confirmed the approval of the collective agreement and directed that it be registered with the Fair Work Commission. This registration ensures the agreement's enforceability and provides a framework for the terms and conditions of employment for the employees covered by the agreement.

Peter Cochrane Management Pty Ltd T/A Peter Cochrane Transport 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