DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rand Transport (1986) Pty Ltd T/A Rand Transport
(AG2019/4196)

RAND TRANSPORT VICTORIA ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 8 JANUARY 2020

Application for approval of the Rand Transport Victoria Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rand Transport Victoria Enterprise Agreement 2019 (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 T/A Rand Transport. 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 15 January 2020. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Rand Transport (1986) Pty Ltd T/A Rand Transport applied for approval of the Rand Transport Victoria Enterprise Agreement 2019. The application was made by the employer in accordance with section 232 of the Fair Work Act 2009. The respondents included various unions and individual employees. The nature of the dispute was whether the proposed enterprise agreement complied with the statutory requirements and provided fair terms and conditions for the employees.

The legal issues before the Commission were whether the proposed agreement satisfied the "better off overall test" under section 230 of the Act, whether it provided for terms and conditions that were fair and reasonable, and whether it complied with the provisions of the Act regarding disclosure and consultation. The Commission had to assess the agreement's provisions concerning wages, conditions, dispute resolution, and other employment matters to ensure they met the legislative standards.

After considering the submissions from both the employer and the respondents, the Commission found that the proposed agreement met the statutory requirements. The agreement provided fair and reasonable terms and conditions for the employees, and it satisfied the better off overall test. The Commission approved the agreement, noting that it included provisions for wages, leave entitlements, dispute resolution mechanisms, and other employment matters that were in line with the Act's provisions. The approval of the agreement was subject to certain conditions, including a requirement for ongoing consultation between the parties.

The final orders of the Commission included the approval of the Rand Transport Victoria Enterprise Agreement 2019, subject to the conditions outlined in the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with the terms of the approved agreement. The Commission's decision provided clarity on the legal standards for enterprise agreements and reinforced the importance of fair and reasonable terms and conditions for employees in the workplace.

Rand Transport (1986) Pty Ltd T/A Rand Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established