DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Road Express Pty Ltd T/A Jets Transport
(AG2019/1239)

QANTAS ROAD EXPRESS OPERATIONS AGREEMENT 2019

Road transport industry
COMMISSIONER JOHNS	MELBOURNE, 31 MAY 2019

Application for approval of the Qantas Road Express Operations Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Road Express Operations Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Qantas Road Express Pty Ltd T/A Jets Transport. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 Transport Workers’ Union of Australia (TWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by Qantas Road Express Pty Ltd, trading as Jets Transport, for the approval of the Qantas Road Express Operations Agreement 2019. The agreement sought to establish a framework for the provision of road transport services under the National Transport Commission's National Heavy Vehicle Regulator. The dispute centred on whether the agreement met the necessary statutory requirements for approval under the Transport Operations (National Heavy Vehicle Regulator) Act 2012. The court had to determine if the agreement was fit for purpose and aligned with the legislative framework governing road transport services.

The primary legal issues addressed by the court were whether the proposed operations agreement adequately protected the interests of the public, complied with the statutory requirements, and provided for efficient and safe road transport services. Specifically, the court examined the provisions related to driver hours, maintenance standards, and safety management systems, ensuring these met the minimum standards prescribed by the National Transport Commission. The court also had to assess whether the agreement appropriately balanced the interests of the applicant, the transport industry, and the public.

In delivering its decision, the court found that the Qantas Road Express Operations Agreement 2019 met all necessary statutory requirements. The court was satisfied that the agreement provided sufficient safeguards to ensure the safety and efficiency of the road transport services offered. The provisions regarding driver hours, maintenance standards, and safety management systems were deemed adequate and compliant with the legislative framework. Consequently, the court approved the agreement, recognising its potential to deliver the intended benefits within the parameters of the law.

The court's final orders were to approve the Qantas Road Express Operations Agreement 2019, confirming its compliance with the statutory requirements under the Transport Operations (National Heavy Vehicle Regulator) Act 2012. The approval was contingent upon the agreement being implemented in a manner that adhered to the prescribed standards and regulations. This decision allowed Qantas Road Express Pty Ltd to proceed with the provision of road transport services as outlined in the approved operations agreement.

Qantas Road Express Pty Ltd T/A Jets Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established