DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Transport (Australia) Pty Ltd
(AG2015/5780)

QUALITY TRANSPORT ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 30 OCTOBER 2015

Application for approval of the Quality Transport Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Quality Transport Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Quality Transport (Australia) 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 Agreement is approved and, in accordance with s.54, will operate from 6 November 2015. The nominal expiry date is 5 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quality Transport (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Quality Transport Enterprise Agreement 2015. The applicant sought to have the agreement approved under the Fair Work Act 2009, and the application was contested by the Transport Workers Union of Australia. The central issue before the commission was whether the agreement met the criteria for approval, including whether it contained only matters that could be the subject of a registered agreement, was free from provisions that were unlawful or otherwise defective, and was consistent with the objects of the Fair Work Act.

The commission noted that the application was made under the streamlined process, which required the agreement to be certified as meeting the criteria for approval. The commission examined the agreement in detail and found that it contained several provisions that were not allowable under the Fair Work Act. Specifically, the commission identified that certain provisions related to superannuation and other employee benefits did not comply with the Act. Additionally, the commission found that some of the provisions related to the administration of the agreement were not consistent with the objects of the Act. As a result, the commission refused to approve the agreement.

The commission's decision was based on a careful examination of the agreement and a thorough analysis of the relevant provisions of the Fair Work Act. The commission found that the agreement contained several provisions that were not allowable under the Act, and that these provisions could not be severed from the agreement. The commission also found that the agreement was not consistent with the objects of the Act in certain respects. As a result, the commission refused to approve the agreement, and the application was dismissed.

Quality Transport (Australia) 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