DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rand Transport (1986) Pty Ltd
(AG2018/2021)

RAND TRANSPORT (1986) PTY LTD WAREHOUSING OPERATIONS ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 OCTOBER 2018

Application for approval of the Rand Transport (1986) Pty Ltd Warehousing Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rand Transport (1986) Pty Ltd Warehousing Operations 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers; and the Shop, Distributive and Allied Employees Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2018. The nominal expiry date of the Agreement is 31 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rand Transport (1986) Pty Ltd, a warehousing business, applied for approval of the Warehousing Operations Enterprise Agreement 2018 under the Fair Work Act 2009. The Australian Building and Construction Commission (ABCC) objected to the approval, arguing the agreement did not comply with the Fair Work Act and Fair Work Regulations 2009. The Fair Work Commission heard the matter and had to determine whether the agreement met the legal criteria for approval.

The key legal issue was whether the agreement was in the public interest, given the ABCC's objections. The Commission examined the agreement's provisions and considered whether it complied with the relevant legislation. The Commission noted that the agreement had been negotiated in good faith and that it contained provisions that met the requirements of the Fair Work Act and Regulations. The Commission also considered the potential impact of the agreement on the public interest, including the potential for it to promote industrial peace and harmony.

The Commission found that the agreement was in the public interest and approved it. The Commission noted that the agreement contained provisions that promoted industrial peace and harmony, and that it complied with the relevant legislation. The Commission also found that the agreement had been negotiated in good faith and that it did not contain any provisions that would be detrimental to the public interest.

The Commission approved the Warehousing Operations Enterprise Agreement 2018, subject to certain conditions. These conditions included the requirement that Rand Transport (1986) Pty Ltd provide certain information to the Commission and that it comply with certain reporting requirements. The Commission also noted that the agreement would be subject to review in three years' time.

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