DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Point 2 Point Secure Pty Ltd
(AG2017/1460)

POINT 2 POINT SECURE VICTORIAN OPERATIONS ENTERPRISE AGREEMENT 2016

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 JUNE 2017

Application for approval of the Point 2 Point Secure Victorian Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Point 2 Point Secure Victorian Operations Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Point 2 Point Secure Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 13 June 2017 and, in accordance with s.54, will operate from 20 June 2017. The nominal expiry date of the Agreement is 30 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Point 2 Point Secure Pty Ltd, an employer, sought approval of a proposed enterprise agreement from the Fair Work Commission (FWC). The applicant's employees were represented by the Transport Workers Union of Australia, the Australian Manufacturing Workers Union, and the Shop, Distributive and Allied Employees Association. The FWC was required to decide if the agreement met the requirements of the Fair Work Act 2009, including if it was in the best interests of the employees.

The primary legal issue before the FWC was whether the proposed agreement met the criteria for approval under the Fair Work Act. This involved assessing if the agreement contained certain 'protected actions', was made in good faith, and was in the best interests of the employees. The applicant argued that the agreement was made in good faith and was in the best interests of the employees, while the unions argued that certain provisions of the agreement did not meet the criteria for approval.

The FWC found that the applicant had made the agreement in good faith and that it was in the best interests of the employees. The FWC noted that the agreement provided for a number of benefits for employees, including wage increases and improved conditions. The FWC also found that the agreement did not contain any protected actions that would preclude its approval. The FWC approved the proposed enterprise agreement.

The FWC made an order approving the Point 2 Point Secure Victorian Operations Enterprise Agreement 2016, subject to certain conditions. These conditions included the requirement that the applicant provide certain information to the FWC and that the applicant and the unions provide certain information to the employees. The applicant and the unions were also required to take certain steps to ensure that the agreement was brought into effect.

Point 2 Point Secure 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