Premier Motor Services Pty Ltd T/A Premier Illawarra

[2022] FWCA 2484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Premier Motor Services Pty Ltd T/A Premier Illawarra

(AG2022/2357)

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

Premier Motor Services Pty Ltd T/A Premier Illawarra (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

Premier Motor Services Pty Ltd T/A Premier Illawarra sought approval of a Fair Work Agreement from the Australian Industrial Relations Commission. The agreement in question was the Transport Workers’ Union of Australia Fair Work Agreement 2022. The application was contested by several interveners who raised various concerns about the proposed agreement's implications for employee rights and workplace conditions.

The court was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement was made in good faith, whether it contained the essential attributes required by the Act, and whether it would provide a safety net for employees. Additionally, the court had to consider the submissions of the interveners and whether the agreement would negatively impact employees' rights or workplace standards.

In its decision, the court found that the agreement substantially met the requirements of the Fair Work Act. The agreement was deemed to have been made in good faith and contained the necessary attributes, including provisions for minimum wages and conditions, dispute resolution mechanisms, and flexibility provisions. The court also noted that the agreement provided a safety net for employees and addressed the concerns raised by the interveners, ensuring that employees' rights were protected and that workplace standards were maintained.

The court approved the Transport Workers’ Union of Australia Fair Work Agreement 2022, subject to certain conditions. These conditions included the implementation of a monitoring and review process to ensure ongoing compliance with the agreement and the protection of employee rights. The court's decision effectively resolved the dispute, allowing the agreement to proceed with the necessary safeguards in place.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established