DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premier Charters Pty Ltd
(AG2017/5166)

PREMIER CHARTERS PTY LTD AND THE TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2017

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MARCH 2018

Application for approval of the Premier Charters Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Premier Charters Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Premier Charters 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Premier Charters Pty Ltd, represented by its directors, applied to the Fair Work Commission for approval of the Premier Charters Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2017. The Transport Workers’ Union of Australia sought to have the agreement approved, while Premier Charters Pty Ltd did not oppose the application. The application was heard by the Commission, which needed to determine whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the agreement satisfied the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for a fair and efficient workplace, met the requirements for good faith bargaining, and contained provisions that were consistent with the objectives of the Fair Work Act. Additionally, the Commission considered whether the agreement provided adequate protection for employee rights and interests.

The Commission found that the agreement met all the statutory requirements for approval. The agreement was deemed to provide for a fair and efficient workplace, as it outlined clear terms and conditions of employment and established mechanisms for resolving workplace disputes. The Commission also found that the agreement had been reached through good faith bargaining and contained provisions that were consistent with the objectives of the Fair Work Act. Furthermore, the agreement provided adequate protection for employee rights and interests, including provisions for fair remuneration, reasonable working hours, and access to training and development opportunities. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Premier Charters Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2017, finding that it met all the necessary statutory requirements for approval. The agreement was deemed to provide for a fair and efficient workplace, to have been reached through good faith bargaining, and to contain provisions consistent with the objectives of the Fair Work Act. The agreement was approved, and it will now serve as the basis for the terms and conditions of employment for the employees of Premier Charters Pty Ltd.

Premier Charters 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