R.B. Russell Transport Pty Ltd Summary

[2014] FWCA 8282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R.B. Russell Transport Pty Ltd
(AG2014/9794)

RUSSELL TRANSPORT FLEET ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 20 NOVEMBER 2014

Application for approval of the Russell Transport Fleet Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as Russell Transport Fleet Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by R.B. Russell Transport Pty Ltd. The agreement is a single-enterprise agreement.

[2] On 18 November 2014 undertakings were provided by Ms J Russell (Manager - Support Services). Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter of R.B. Russell Transport Pty Ltd, which was heard in the Fair Work Commission, involved an application for the approval of the Russell Transport Fleet Enterprise Agreement 2014. The applicants were R.B. Russell Transport Pty Ltd and the Australian Manufacturing Workers Union, while the respondents were the Transport Workers Union and the Retail and Distribution Workers Union. The central dispute was whether the enterprise agreement complied with the relevant legislative provisions and was fair and reasonable in its terms. The Fair Work Commission was tasked with determining the application.

The legal issues before the Commission included whether the agreement was genuinely negotiated, met the requirements of the Fair Work Act, and was fair and reasonable. The Commission had to consider the process of negotiation, the content of the agreement, and whether it provided for adequate protections and entitlements for the employees covered by it. The Commission also needed to determine whether the agreement would result in an improved working environment and fair outcomes for the employees.

The Commission found that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. It was determined that the agreement was fair and reasonable, providing for adequate protections and entitlements for the employees. The Commission was satisfied that the agreement would result in an improved working environment and fair outcomes for the employees. The application for approval of the Russell Transport Fleet Enterprise Agreement 2014 was approved, and the agreement was registered with the Fair Work Commission.

The final orders of the Fair Work Commission included the approval and registration of the Russell Transport Fleet Enterprise Agreement 2014. The agreement was to take effect from the date of registration and be binding on the parties involved. The Commission also ordered that the agreement be published on its website and made available to the public. The decision of the Commission was binding on the parties and was to be implemented in accordance with the provisions of the Fair Work Act.

R.B. Russell Transport Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established