Point 2 Point Secure Pty Ltd

[2023] FWCA 941

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Point 2 Point Secure Pty Ltd

(AG2023/610)

POINT 2 POINT SECURE NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY OPERATIONS ENTERPRISE AGREEMENT 2022

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 29 MARCH 2023

Application for approval of the Point 2 Point Secure New South Wales and Australian Capital Territory Operations Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement to be known as the Point 2 Point Secure New South Wales and Australian Capital Territory Operations Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Point 2 Point Secure Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 21 March 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Transport (Cash in Transit) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, 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.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Point 2 Point Secure Pty Ltd, an employer, applied to the Fair Work Commission for approval of a proposed enterprise agreement. The agreement, titled "Point 2 Point Secure New South Wales and Australian Capital Territory Operations Enterprise Agreement 2022," was to be made under section 234 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the proposed agreement met the criteria for approval under the Act. Specifically, the Commission needed to assess whether the agreement was in the best interests of the employees covered by it and whether it complied with the procedural and substantive requirements of the Act.

The primary legal issues before the Commission were whether the agreement was made in good faith and without coercion, whether it provided for fair and reasonable terms and conditions for the employees, and whether it met the requirements of the Fair Work Act. The Commission considered submissions from both the employer and the employees, as well as the evidence provided during the hearing. The Commission also examined the procedural fairness of the agreement, including whether the employer had provided sufficient information to the employees and whether the employees had been given a reasonable opportunity to discuss and negotiate the terms of the agreement.

The Fair Work Commission found that the proposed agreement was made in good faith and without coercion. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and that it met the requirements of the Fair Work Act. The Commission noted that the employer had provided the employees with sufficient information about the agreement and that the employees had been given a reasonable opportunity to discuss and negotiate the terms of the agreement. The Commission was also satisfied that the agreement was in the best interests of the employees covered by it.

The Fair Work Commission approved the Point 2 Point Secure New South Wales and Australian Capital Territory Operations Enterprise Agreement 2022, effective from the date of the decision. The employer and the employees were directed to take all necessary steps to give effect to the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that a copy of the agreement be provided to the Fair Work Ombudsman.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established