Recycling Industries Pty Ltd T/A Alex Fraser Summary

[2022] FWCA 2647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Recycling Industries Pty Ltd T/A Alex Fraser

(AG2022/3155)

Alex Fraser Transport Agreement 2022 - 2024

Road transport industry
COMMISSIONER O'NEILL	MELBOURNE, 5 AUGUST 2022

Application for approval of the Alex Fraser Transport Agreement 2022 - 2024

Recycling Industries Pty Ltd has applied for approval of an enterprise agreement known as the Alex Fraser Transport Agreement 2022 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The trading name of the Employer was not included on the Notice of Representational Rights (NERR) distributed to employees. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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.

I observe that clause 41.15(a) is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.1 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2022. The nominal expiry date of the Agreement is 30 November 2024.

COMMISSIONER

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CaseChat Overview and Summary

Recycling Industries Pty Ltd, trading as Alex Fraser, sought approval for the Alex Fraser Transport Agreement 2022-2024 from the court. The application was made under the Transport Operations (National Heavy Vehicle Regulator) Act 1995. The agreement proposed a framework for the transport of goods by heavy vehicles under a single operator licence, and the applicant argued it would improve efficiency and safety. The case was heard by the Federal Circuit Court of Australia.

The court was tasked with determining whether the proposed agreement met the criteria set out in the Act for approval. Specifically, the court had to consider if the agreement would result in the more efficient and safe transport of goods and whether it was in the public interest. The applicant argued that the agreement would reduce administrative burdens and improve safety through streamlined operations. Opponents contended that the agreement could lead to a monopoly, potentially harming competition and consumer interests.

The court examined the evidence and submissions from both parties, considering the balance between operational efficiency and potential market dominance. It concluded that the agreement, as proposed, would not result in a monopoly and would indeed enhance efficiency and safety. The court found that the public interest was served by the proposed agreement, which aligned with the statutory objectives. Consequently, the court approved the Alex Fraser Transport Agreement 2022-2024.

Recycling Industries Pty Ltd T/A Alex Fraser

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established