R J & A B Lyons Transport Pty Ltd T/A Lyons Transport Mittagong

[2022] FWCA 4302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

R J & A B Lyons Transport Pty Ltd T/A Lyons Transport Mittagong

(AG2022/4562)

Lyons Transport Mittagong Enterprise Agreement 2022

Road transport industry
DEPUTY PRESIDENT EASTON	SYDNEY, 7 DECEMBER 2022

Application for approval of the Lyons Transport Mittagong Enterprise Agreement 2022.

R J & A B Lyons Transport Pty Ltd T/A Lyons Transport Mittagong (the Employer) has made an application for the approval of the Lyons Transport Mittagong Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2022. The nominal expiry date of the Agreement is 7 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the case involved an application for approval of the Lyons Transport Mittagong Enterprise Agreement 2022. The applicant, R J & A B Lyons Transport Pty Ltd trading as Lyons Transport Mittagong, sought the Commission's approval of the agreement, which had been negotiated with the Australian Manufacturing Workers' Union. The dispute centred around the provisions of the agreement, specifically the terms related to employee entitlements and conditions of employment.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of ensuring that the agreement did not disadvantage employees and that it met the statutory minimum standards. The Commission needed to determine if the agreement appropriately balanced the interests of both the employer and the employees, and whether it provided for a fair and equitable resolution of workplace issues.

The Commission carefully examined the provisions of the agreement and concluded that it met the necessary legal standards. It found that the agreement provided for appropriate employee entitlements and conditions, and that it did not disadvantage the employees. The Commission also noted that the agreement had been negotiated in good faith and that it contained provisions that were in line with the principles of the Fair Work Act. As a result, the Commission approved the Lyons Transport Mittagong Enterprise Agreement 2022.

The Fair Work Commission approved the Lyons Transport Mittagong Enterprise Agreement 2022, finding that it complied with the relevant provisions of the Fair Work Act and appropriately balanced the interests of both the employer and the employees. The Commission determined that the agreement provided for fair and equitable employee entitlements and conditions, and that it did not disadvantage the employees. This decision ensures that the agreement will now be in effect for the specified period, providing a framework for the workplace relationship between Lyons Transport Mittagong and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established