PrixCar Transport Services Pty Ltd

[2013] FWCA 6650

FAIR WORK COMMISSION

DECISION

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

PrixCar Transport Services Pty Ltd
(AG2013/8870)

PRIXCAR TRANSPORT SERVICES PTY LTD AND TRANSPORT WORKERS UNION OF AUSTRALIA FAIR WORK AGREEMENT 2013-2016

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the PrixCar Transport Services Pty Ltd and Transport Workers Union of Australia Fair Work Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the PrixCar Transport Services Pty Ltd and Transport Workers Union of Australia Fair Work Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by PrixCar Transport Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 September 2013. The nominal expiry date is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the PrixCar Transport Services Pty Ltd and Transport Workers Union of Australia Fair Work Agreement 2013-2016 was before the Fair Work Commission. The applicant, PrixCar, sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees in the transport industry, including matters such as wages, hours of work, and other employment conditions. The Transport Workers Union of Australia was the respondent in the case, and it argued that certain aspects of the agreement were not in line with the principles of the Fair Work Act.

The central legal issues the Fair Work Commission had to decide were whether the agreement complied with the provisions of the Fair Work Act and whether it met the requirements for registration as a registered agreement. Specifically, the Commission needed to assess whether the agreement contained all the mandatory terms and conditions prescribed by the Act, whether it provided for a fair and equitable resolution of any disputes between the parties, and whether it was made in good faith. The Commission also had to consider whether the agreement would have a detrimental effect on the broader industrial relations system.

In reaching its decision, the Commission examined the contents of the agreement and the submissions made by both parties. It found that the agreement contained all the mandatory terms and conditions required by the Fair Work Act. The Commission also concluded that the agreement provided for a fair and equitable resolution of any disputes between the parties and that it was made in good faith. The Commission was satisfied that the agreement would not have a detrimental effect on the broader industrial relations system. Therefore, the Commission approved the agreement as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the agreement between PrixCar Transport Services Pty Ltd and the Transport Workers Union of Australia as a registered agreement. The agreement was registered as the PrixCar Transport Services Pty Ltd and Transport Workers Union of Australia Fair Work Agreement 2013-2016, effective from 1 July 2013 until 30 June 2016. This decision provides clarity and certainty to both parties and their employees regarding the terms and conditions of employment during the period of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established