DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Road Express Pty Ltd
(AG2015/5151)

QANTAS ROAD EXPRESS LONG DISTANCE DRIVERS AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 26 NOVEMBER 2015

Application for approval of the Qantas Road Express Long Distance Drivers Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Road Express Long Distance Drivers Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Qantas Road Express Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] Approval of the proposed agreement by the Fair Work Commission was initially opposed by the Transport Workers Union (TWU) and the matter was set down for hearing.

[3] On 23 November 2015 an undertaking was provided by Mr Andrew Catton, the Company’s National Manager, amending a number of clauses of the Agreement. A copy of the proposed undertaking was sent to bargaining representatives for their consideration. Ms Walton, National Industrial Officer, TWU confirmed that the proposed undertakings were developed following further discussions between the parties and that they were acceptable to the TWU. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[5] The Transport Workers’ Union of Australia 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, will operate from 3 December 2015. The nominal expiry date is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the applicant, Qantas Road Express Pty Ltd, sought the approval of the Qantas Road Express Long Distance Drivers Agreement 2015 by the Fair Work Commission. The dispute centred on whether the agreement provided adequate protections and benefits for the long distance drivers employed by the company. The Fair Work Commission was tasked with determining the fairness and appropriateness of the agreement under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the 'better off overall test', whether it contained provisions that were inequitable or unjust, and whether it provided sufficient safeguards for employees' rights and entitlements. The Commission also considered whether the agreement appropriately balanced the interests of both the employer and the employees.

After thorough examination of the agreement and submissions from both parties, the Commission found that the Qantas Road Express Long Distance Drivers Agreement 2015 did indeed meet the better off overall test. The Commission held that the agreement was fair and appropriate, providing necessary protections and benefits to the employees. The agreement was subsequently approved by the Commission, ensuring that it would become a legally binding enterprise agreement under the Fair Work Act.

No further orders were required as the primary objective of the application was achieved by the approval of the agreement.

Qantas Road Express 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