R B Russell Transport Pty Ltd T/A Russell Transport Summary

[2013] FWCA 4096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

R B Russell Transport Pty Ltd T/A Russell Transport
(AG2013/6791)

RUSSELL TRANSPORT (BLUESCOPE CONTRACT) ENTERPRISE AGREEMENT 2013

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 25 JUNE 2013

Application for approval of the Russell Transport (Bluescope Contract) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Russell Transport (Bluescope Contract) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R B Russell Transport Pty Ltd T/A Russell Transport. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 2 July 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were R B Russell Transport Pty Ltd, trading as Russell Transport, and the Fair Work Commission. The dispute centred around the application for approval of the Russell Transport (Bluescope Contract) Enterprise Agreement 2013. The Fair Work Commission was tasked with determining whether the agreement should be certified as meeting the requirements of the Fair Work Act 2009. The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Act, particularly in relation to the terms and conditions of employment for the employees covered by the agreement.

In examining the agreement, the Commission considered several factors, including whether the agreement provided for adequate minimum rates of pay and entitlements for employees, and whether it contained provisions that were fair and reasonable in all the circumstances. The Commission also assessed whether the agreement had been made in good faith and whether it complied with the procedural requirements of the Act. The Commission found that, while there were some areas of concern, the overall agreement did meet the necessary criteria for approval.

The Commission concluded that the enterprise agreement was fair and reasonable, and should be certified. The Commission noted that the agreement provided for appropriate minimum terms and conditions, and that the parties had demonstrated a genuine intention to negotiate and reach an agreement. The Commission also found that the agreement complied with the procedural requirements of the Act, and that it was in the best interests of the employees covered by the agreement. The Commission approved the enterprise agreement, subject to certain modifications to address the identified areas of concern.

In summary, the Fair Work Commission approved the Russell Transport (Bluescope Contract) Enterprise Agreement 2013, subject to certain modifications. The Commission found that the agreement met the requirements of the Fair Work Act 2009, and that it was fair and reasonable in all the circumstances. The parties were directed to implement the modified agreement, and the Commission's decision was registered in the Federal Register of Agreements.

R B Russell Transport Pty Ltd T/A Russell Transport

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established