Premier Charters Pty Ltd

[2022] FWCA 2485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Premier Charters Pty Ltd

(AG2022/2359)

Premier Charters Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2022

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 25 JULY 2022

Application for approval of the Premier Charters Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2022

Premier Charters Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Premier Charters Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 25 July 2022 and, in accordance with s 54, will operate from 1 August 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Premier Charters Pty Ltd and the Transport Workers' Union of Australia, with the Fair Work Commission (FWC) as the tribunal. The dispute concerns the application for approval of a proposed Fair Work Agreement (FWA) titled "Premier Charters Pty Ltd and the Transport Workers' Union of Australia Fair Work Agreement 2022." The application was brought before the Commission to determine if the agreement meets the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues that the Commission needed to decide involved assessing whether the agreement complied with the requirements for approval as set out in the Fair Work Act. This included evaluating whether the agreement provided for a modern award, ensured appropriate minimum terms and conditions for employees, allowed for genuine agreement between the parties, and did not undermine the industrial safety net. The Commission also had to consider whether the agreement included provisions that were not in the best interests of the employees or the broader industrial relations system.

The Commission undertook a thorough examination of the proposed agreement, taking into account the submissions from both Premier Charters Pty Ltd and the Transport Workers' Union of Australia. After reviewing the provisions and the arguments presented, the Commission determined that the agreement met the statutory criteria for approval. The agreement was found to provide for a modern award, establish appropriate minimum terms and conditions, demonstrate genuine agreement between the parties, and not undermine the industrial safety net. The Commission was satisfied that the agreement was in the best interests of the employees and the broader industrial relations system. Therefore, the Commission approved the Premier Charters Pty Ltd and the Transport Workers' Union of Australia Fair Work Agreement 2022.

The final orders of the Commission were that the proposed agreement be approved and registered with the Fair Work Ombudsman, effective from the date of the Commission's decision. This decision ensures that the agreement will provide a framework for the terms and conditions of employment for the employees covered by the agreement, while also maintaining the protections and rights provided by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established