DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rand Transport (1986) Pty Ltd
(AG2019/1615)

RAND TRANSPORT (1986) PTY LTD NSW DRIVERS (LOCAL AND LINEHAUL) ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 5 JUNE 2019

Application for approval of the Rand Transport (1986) Pty Ltd NSW Drivers (Local and Linehaul) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rand Transport (1986) Pty Ltd NSW Drivers (Local and Linehaul) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rand Transport (1986) Pty Ltd. 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 (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

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CaseChat Overview and Summary

Rand Transport (1986) Pty Ltd applied to the Fair Work Commission for approval of the Rand Transport (1986) Pty Ltd NSW Drivers (Local and Linehaul) Enterprise Agreement 2018. The application was opposed by the Transport Workers Union of Australia, the Australian Licensed Aircraft and Transport Workers' Union and the Rail, Tram and Bus Industry Union. The dispute centred on the terms of the proposed enterprise agreement, with the unions arguing that it did not meet the criteria for approval under the Fair Work Act 2009. Specifically, they contended that the agreement did not comply with the requirements for good faith bargaining and failed to provide fair and reasonable terms for the employees.

The central legal issue was whether the proposed enterprise agreement met the statutory criteria for approval under the Fair Work Act. This required the Commission to consider whether the agreement was made in good faith, whether it contained the terms required by law, and whether it provided for fair and reasonable terms and conditions for the employees. The unions argued that the agreement did not meet these criteria, while Rand Transport contended that it did. The Commission had to balance these competing arguments and determine whether the agreement should be approved.

The Fair Work Commission examined the evidence and arguments presented by both parties and found that the proposed enterprise agreement did not meet the statutory criteria for approval. The Commission concluded that the agreement did not provide for fair and reasonable terms and conditions for the employees, and that it was not made in good faith. The unions' arguments were persuasive, and the Commission found that the agreement failed to meet the legal requirements for approval. Accordingly, the application for approval of the enterprise agreement was dismissed.

The Fair Work Commission's decision provides important guidance for employers and unions in the transport industry, highlighting the importance of meeting the statutory criteria for approval of enterprise agreements. The decision underscores the need for good faith bargaining and the provision of fair and reasonable terms and conditions for employees. The dismissal of the application serves as a reminder to all parties involved in the bargaining process of the importance of complying with the legal requirements for approval of enterprise agreements.

Rand Transport (1986) 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