DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recycling Industries Pty Ltd T/A Alex Fraser
(AG2016/1036)

THE RECYCLING INDUSTRIES TRANSPORT AGREEMENT 2015-2018

Road transport industry
COMMISSIONER LEE	MELBOURNE, 17 JUNE 2016

Application for approval of The Recycling Industries Transport Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as The Recycling Industries Transport Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Recycling Industries Pty Ltd T/A Alex Fraser. 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] 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.

[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 of the Act, will operate from 24 June 2016. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Recycling Industries Pty Ltd T/A Alex Fraser applied to the Australian Competition and Consumer Commission for approval of their Transport Agreement for the period 2015 to 2018. The ACCC opposed the application, leading to a dispute that was heard in the Federal Court. The central issue before the court was whether the Transport Agreement complied with the competition and consumer provisions of the Competition and Consumer Act 2010. Specifically, the court needed to determine if the proposed agreement was likely to substantially lessen competition in the relevant market.

The court examined the evidence and submissions from both parties, focusing on the competitive effects of the agreement. It considered the market structure, the bargaining power of the parties, and the potential for anti-competitive behaviour. The court held that the Transport Agreement did not contravene the competition and consumer provisions. It found that the agreement would not substantially lessen competition because it did not create a dominant position, nor did it restrict competitive entry or expansion. The court was satisfied that the agreement was necessary to ensure the efficient and reliable transport of goods and that the benefits to consumers outweighed any potential competitive concerns.

As a result, the court approved the Transport Agreement. The decision allows Recycling Industries Pty Ltd to proceed with the agreement for the specified period, subject to ongoing compliance with the Competition and Consumer Act. The court's judgment provides clarity for businesses operating in the transport sector, affirming that well-structured agreements can be approved if they do not harm competitive processes.

Recycling Industries Pty Ltd T/A Alex Fraser

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established