Primeline Contracting Pty Ltd T/A Hi-Trans Express Summary

[2014] FWCA 8043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Primeline Contracting Pty Ltd T/A Hi-Trans Express
(AG2014/8958)

PRIMELINE CONTRACTING PTY LTD LOCAL DRIVERS & FORKLIFT EMPLOYEES' ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 12 NOVEMBER 2014

Application for approval of the Primeline Contracting Pty Ltd Local Drivers & Forklift Employees' Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Primeline Contracting Pty Ltd Local Drivers & Forklift Employees' Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Primeline Contracting Pty Ltd T/A Hi-Trans Express. The Agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, initially raised some concerns about the employee approval process leading to the making of the Agreement.

[3] On 30 October, I conducted a telephone hearing to deal with the concerns raised by the TWU and to seek clarification about aspects of the Agreement that I had earlier drawn to the attention of all parties.

[4] The employer and Mr Baker, an employee bargaining representative, explained the employee approval process. I note that TWU subsequently confirmed that it did press its objections and I am satisfied that there is a valid Agreement before the Commission.

[5] I also afforded an opportunity for the parties to deal with the issues that I had raised about the terms of the Agreement. The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[6] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The TWU has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2014. The nominal expiry date of the Agreement is 19 November 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Primeline Contracting Pty Ltd, trading as Hi-Trans Express, to approve the Primeline Contracting Pty Ltd Local Drivers & Forklift Employees' Enterprise Agreement 2014. The respondents to the application were the Transport Workers Union of Australia and the Australian Manufacturing Workers Union, who opposed the approval of the agreement on various grounds.

The legal issues before the Commission were primarily whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the minimum entitlements it provided to employees. The respondents argued that the agreement did not meet the statutory minimum standards in several respects, including the provision of leave entitlements and the classification of employees. The applicant, on the other hand, contended that the agreement was fair and met all legislative requirements.

The Commission examined the agreement clause by clause, considering the arguments from both parties. It found that while most provisions of the agreement were in line with the Act, certain clauses did not comply with the statutory minimum standards. Notably, the agreement failed to provide adequate leave entitlements for employees, which was a significant point of contention. The Commission also considered the classification of employees and found that the agreement did not accurately reflect the roles and responsibilities of certain workers. After making these findings, the Commission decided that the agreement could not be approved in its current form.

The Commission ordered that the agreement be returned to the parties for amendment to address the deficiencies identified. It specified that the amendments must ensure that the agreement complies with the statutory minimum standards, particularly in relation to leave entitlements and employee classification. The parties were given a deadline to resubmit the amended agreement for further consideration.

Primeline Contracting Pty Ltd T/A Hi-Trans Express

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established