DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Presto Transport Pty Ltd
(AG2017/2117)

PRESTO TRANSPORT PTY LTD ENTERPRISE AGREEMENT 2016

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JULY 2017

Application for approval of the Presto Transport Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Presto Transport Pty Ltd 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 Presto Transport 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] 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.

[6] The Agreement was approved on 26 July 2017 and, in accordance with s.54, will operate from 2 August 2017. The nominal expiry date of the Agreement is 2 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Presto Transport Pty Ltd, sought approval of the 2016 Enterprise Agreement from the Fair Work Commission. The agreement, negotiated with the Transport Workers Union of Australia, was contested by a third party, Mr. John Doe, who raised concerns regarding the agreement's fairness and compliance with relevant industrial laws. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement met the "better off overall test" as outlined in the Act, which requires that the agreement provide employees with a minimum 15% improvement in total remuneration or conditions. Additionally, the Commission needed to ensure that the agreement did not unfairly disadvantage any group of employees and was negotiated in good faith.

The Commission found that the agreement did indeed meet the better off overall test, providing a significant improvement in total remuneration and conditions for the employees. It was determined that the agreement was fairly negotiated and did not unfairly disadvantage any group of employees. Consequently, the Commission approved the agreement and dismissed the objections raised by Mr. Doe. The decision was based on the evidence presented, which demonstrated that the agreement was in the best interest of the majority of the employees and complied with all relevant legal requirements.

The Fair Work Commission approved the 2016 Enterprise Agreement between Presto Transport Pty Ltd and the Transport Workers Union of Australia. The decision confirmed the agreement's compliance with the Fair Work Act 2009 and rejected the objections raised by the third party. The Commission's approval ensures that the agreement will be binding for the relevant employees and employers, subject to any further legal challenges.

Presto Transport 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