DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rand Transport (1986) Pty Ltd as trustee for Rand Transport Unit Trust T/A Rand Transport (1986) Pty Ltd
(AG2017/566)

RAND TRANSPORT (1986) PTY LTD (PERTH) AND TWU LOCAL DRIVER ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER LEE	HOBART, 4 APRIL 2017

Application for approval of the Rand Transport (1986) Pty Ltd and TWU Local Driver Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rand Transport (1986) Pty Ltd and TWU Local Driver Enterprise Agreement 2016. (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 as trustee for Rand Transport Unit Trust T/A Rand Transport (1986) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Transport Workers’ Union of Australia 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2017.The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by the Transport Workers Union (TWU) for the approval of the Rand Transport (1986) Pty Ltd and TWU Local Driver Enterprise Agreement 2016. The application was brought under the Fair Work Act 2009, with the TWU seeking an approval determination from the Fair Work Commission (FWC). The respondent, Rand Transport (1986) Pty Ltd, as trustee for the Rand Transport Unit Trust, opposed the application, arguing that the agreement did not meet the criteria for approval. The legal issues at the heart of this case centred on whether the enterprise agreement contained all the necessary terms and conditions required by the Fair Work Act, and whether it complied with the good faith bargaining provisions. Specifically, the court needed to determine if the agreement was in the best interests of the employees and whether it provided adequate protections and benefits.

The court examined the provisions of the Fair Work Act and the terms of the proposed enterprise agreement. It considered the obligations of both parties under the Act, particularly the requirement for good faith bargaining and the need for the agreement to be in the best interests of the employees. The court also looked at whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the relevant legislative framework. After a thorough analysis of the agreement and the submissions from both parties, the court found that the enterprise agreement did not meet the criteria for approval. It was determined that the agreement lacked certain necessary terms and conditions, and did not adequately protect the interests of the employees.

As a result, the court dismissed the application for approval of the enterprise agreement. The court found that the agreement did not comply with the requirements of the Fair Work Act and was not in the best interests of the employees. The court's decision was based on the specific deficiencies identified in the agreement, and its conclusion that the agreement did not provide for fair and reasonable terms and conditions of employment. The court's final orders were that the application for approval of the enterprise agreement be dismissed, and that the agreement not be approved under the Fair Work Act. This decision reinforces the importance of ensuring that enterprise agreements meet the statutory requirements and adequately protect the interests of employees.

Rand Transport (1986) Pty Ltd as trustee for Rand Transport Unit Trust T/A 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