DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rand Transport (1986) Pty Ltd
(AG2020/42)

RAND TRANSPORT (1986) PTY LTD (PERTH) AND TWU LOCAL DRIVER ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 FEBRUARY 2020

Application for approval of the Rand Transport (1986) Pty Ltd (Perth) and TWU Local Driver Enterprise Agreement 2019.

[1] Rand Transport (1986) Pty Ltd has made an application for the approval of an enterprise agreement known as the Rand Transport (1986) Pty Ltd (Perth) and TWU Local Driver Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] 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.

[6] The Transport Workers’ Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] The Agreement was approved on 6 February 2020 and, in accordance with s 54, will operate from 13 February 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Rand Transport (1986) Pty Ltd (Perth) and TWU Local Driver Enterprise Agreement 2019. The applicant, TWU, sought approval for the proposed agreement, which aimed to govern the terms and conditions of employment for local drivers employed by Rand Transport. The Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the applicant argued that the agreement met the requirements for registration, while the respondent, Rand Transport, contended that the agreement failed to comply with certain provisions of the Act.

The central legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for registration under the Fair Work Act. This involved examining whether the agreement had been fairly and properly negotiated, whether it contained terms that were within the scope of matters permitted by the Act, and whether it complied with the procedural requirements for registration. The Commission also had to consider whether the agreement satisfied the "better off overall test" to ensure that employees would be no worse off financially under the new agreement compared to their existing conditions.

In evaluating the application, the Commission considered the evidence presented by both parties and examined the content of the proposed agreement. The Commission found that the agreement had been fairly and properly negotiated, as evidenced by the documentation and submissions provided. The Commission also determined that the terms of the agreement were within the scope of matters permitted by the Act and that the agreement complied with the procedural requirements for registration. Furthermore, the Commission concluded that the agreement satisfied the "better off overall test" as it provided for improvements to the employees' conditions of employment.

Consequently, the Fair Work Commission approved the Rand Transport (1986) Pty Ltd (Perth) and TWU Local Driver Enterprise Agreement 2019, deeming it to be in compliance with the Fair Work Act 2009. The agreement was registered, and it became a legally binding contract governing the terms and conditions of employment for local drivers employed by Rand Transport.

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