Qantas Road Express Pty Ltd T/A Jets Transport Express Summary

[2023] FWCA 2965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qantas Road Express Pty Ltd T/A Jets Transport Express

(AG2023/3085)

QANTAS ROAD EXPRESS LONG DISTANCE DRIVERS AGREEMENT 2023

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 14 SEPTEMBER 2023

Application for approval of the Qantas Road Express Long Distance Drivers Agreement 2023

Qantas Road Express Pty Ltd T/A Jets Transport Express has applied for approval of a single enterprise agreement known as the Qantas Road Express Long Distance Drivers Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 21 September 2023. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Qantas Road Express Pty Ltd trading as Jets Transport Express for approval of the Qantas Road Express Long Distance Drivers Agreement 2023. The company sought to have the agreement approved as a single-employer agreement, which would allow it to set terms and conditions for its long-distance drivers. The application was opposed by the Transport Workers Union of Australia, which argued that the proposed agreement would negatively impact its members' working conditions.

The central legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009 and whether it complied with the requirements of the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine if the agreement provided genuine protections for employees, if it was free from coercion and undue influence, and if it complied with the relevant provisions of the Fair Work Act.

The Commission found that the proposed agreement met the criteria for approval. It noted that the agreement provided for minimum wages and conditions that were at least as good as, or better than, the relevant awards. The Commission also found that the agreement was free from coercion and undue influence, and that it complied with the relevant provisions of the Fair Work Act. The Commission concluded that the proposed agreement provided genuine protections for employees and was in the interests of the employees covered by the agreement.

The Fair Work Commission approved the Qantas Road Express Long Distance Drivers Agreement 2023 as a single-employer agreement. The Commission noted that the agreement provided for minimum wages and conditions that were at least as good as, or better than, the relevant awards. The Commission also found that the agreement was free from coercion and undue influence, and that it complied with the relevant provisions of the Fair Work Act. The Commission concluded that the proposed agreement provided genuine protections for employees and was in the interests of the employees covered by the agreement.

Qantas Road Express Pty Ltd T/A Jets Transport Express

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established