Pre Pty Ltd T/A Coastal Midwest Transport Summary

[2022] FWCA 2068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pre Pty Ltd T/A Coastal Midwest Transport

(AG2022/1840)

Coastal Midwest Transport Enterprise Agreement 2022

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 23 JUNE 2022

Application for approval of the Coastal Midwest Transport Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Coastal Midwest Transport Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pre Pty Ltd T/A Coastal Midwest Transport. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

Noting that the deductions in cl. 21 and the stand down provision at cl. 27 may be unenforceable, the Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2022. The nominal expiry date of the Agreement is 22 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pre Pty Ltd, trading as Coastal Midwest Transport, made an application to the Fair Work Commission for approval of the Coastal Midwest Transport Enterprise Agreement 2022. The applicant sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, which raised objections to various aspects of the proposed agreement.

The central legal issues before the Commission were whether the agreement met the requirements for registration under the Fair Work Act and if it provided for fair and reasonable terms and conditions for employees. Specifically, the Commission had to determine if the proposed agreement complied with the Act's provisions regarding minimum entitlements, the role of unions, and the overall fairness of the agreement.

The Commission examined the proposed agreement in detail, considering submissions from both parties. It found that the agreement generally provided for fair and reasonable terms and conditions of employment, and that it did not contravene the Act. The Commission noted that while the union raised concerns about certain aspects of the agreement, these did not prevent the agreement from being approved as a registered agreement. The Commission concluded that the benefits of registering the agreement outweighed any potential detriments.

The Commission approved the Coastal Midwest Transport Enterprise Agreement 2022 as a registered agreement under the Fair Work Act. The union's objections were not sufficient to prevent the registration of the agreement, and the applicant's application was successful. The agreement will now be registered, providing legal certainty for both the employer and the employees covered by the agreement.

Pre Pty Ltd T/A Coastal Midwest Transport

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established