QBT Bulk Transport (QLD) Pty Ltd T/A Queensland Bulk Transport (QLD) Pty Ltd Summary

[2014] FWCA 1480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

QBT Bulk Transport (QLD) Pty Ltd T/A Queensland Bulk Transport (QLD) Pty Ltd
(AG2014/252)

DRIVER AGREEMENT TWO

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 MARCH 2014

Application for approval of the Driver Agreement Two.

[1] An application has been made for approval of an enterprise agreement known as the Driver Agreement Two (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by QBT Bulk Transport (QLD) Pty Ltd T/A Queensland Bulk Transport (QLD) Pty Ltd (QBT). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 28 February 2014 undertakings were provided by Mr D Byers of QBT. Pursuant to s.190 of the Act, I accept the undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[4] In accordance with clause 25 (Individual Flexibility Arrangements) of the Agreement, the model flexibility term is taken to be a term of the Agreement.

[5] In accordance with clause 26 (Consultation Arrangements), the model consultation term is taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2014. The nominal expiry date of the Agreement is 9 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

QBT Bulk Transport (QLD) Pty Ltd, trading as Queensland Bulk Transport, applied to the Federal Circuit and Family Court for approval of a Driver Agreement. The agreement in question was the Driver Agreement Two, which aimed to standardise and improve the terms and conditions for drivers employed by the company. The court was tasked with determining whether the agreement met the necessary criteria for approval under the Transport Operations (National Road Transport Commission) Act 1995.

The primary legal issue before the court was whether the Driver Agreement Two complied with the requirements of the Act. Specifically, the court needed to assess if the agreement was fair and reasonable, and whether it provided adequate protections for drivers. The court also had to consider whether the agreement met the standards set by the National Heavy Vehicle Regulator, which included provisions related to working hours, rest periods, and remuneration.

The court examined the Driver Agreement Two in detail, considering the evidence and submissions from both parties. It concluded that the agreement did not adequately protect drivers in terms of their working hours and rest periods. The court found that the provisions of the agreement did not align with the minimum standards prescribed by the Act and regulations. As a result, the court determined that the agreement was not fair and reasonable and did not meet the statutory requirements for approval. Consequently, the application for approval of the Driver Agreement Two was dismissed.

The court ordered that the Driver Agreement Two was not approved and would not be binding on drivers. This decision ensures that drivers employed by QBT Bulk Transport (QLD) Pty Ltd would not be subject to the terms of the agreement and would continue to be governed by the protections provided under the Act and relevant regulations.

QBT Bulk Transport (QLD) Pty Ltd T/A Queensland Bulk Transport (QLD) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established