Point 2 Point Secure Pty Ltd

[2014] FWCA 1204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Point 2 Point Secure Pty Ltd
(AG2014/191)

POINT 2 POINT SECURE AND TRANSPORT WORKERS’ UNION OF AUSTRALIA QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 18 FEBRUARY 2014

Application for approval of the Point 2 Point Secure and Transport Workers’ Union of Australia Queensland Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Point 2 Point Secure and Transport Workers’ Union of Australia Queensland Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Point 2 Point Secure Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2014. The nominal expiry date will be 24 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Point 2 Point Secure Pty Ltd, sought approval of an enterprise agreement with the Transport Workers' Union of Australia Queensland Operations. The dispute arose as the applicant claimed the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Federal Circuit Court, presided over by Deputy President J.A.A. Foster, was tasked with determining whether the agreement complied with the legal requirements for approval.

The central legal issues before the court were whether the agreement contained all the mandatory terms required by the Fair Work Act, whether it was made in good faith, and whether it provided for the appropriate processes for resolving disputes. Additionally, the court had to consider whether the agreement was procedurally fair, given that it had been certified by the Fair Work Commission as meeting the necessary criteria for approval.

The court meticulously reviewed the agreement against the statutory provisions and found that it encompassed all the mandatory terms and processes required by the Act. The Deputy President found that the agreement was made in good faith and was procedurally fair. The court was satisfied that the agreement was certified correctly by the Fair Work Commission, and thus, it met all the legal requirements for approval. Consequently, the court granted the applicant's request for approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established