DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ResourceCo Pty Ltd
(AG2017/3191)

RESOURCECO PTY LTD TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 NOVEMBER 2017

Application for approval of the ResourceCo Pty Ltd Transport Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ResourceCo Pty Ltd Transport Employees Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ResourceCo 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 16 November 2017 and, in accordance with s.54, will operate from 23 November 2017. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

ResourceCo Pty Ltd is the subject of an application to the Fair Work Commission for the approval of the Transport Employees Enterprise Agreement 2017. The applicant, ResourceCo, is a company operating within the transport sector, and the respondents include various trade unions representing the transport employees. The dispute centres around whether the proposed enterprise agreement complies with the Fair Work Act 2009 and whether it meets the procedural requirements set by the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement provides for the proper protection of employees' rights and entitlements, and whether the consultation process was conducted in accordance with the relevant legislative provisions. The Commission also needed to determine whether the agreement adequately addresses the interests of the employees, particularly in relation to pay rates, conditions of employment, and dispute resolution mechanisms. Additionally, the court had to examine whether there was sufficient evidence of genuine bargaining between the parties.

In reaching its decision, the Fair Work Commission thoroughly reviewed the bargaining process and the terms of the proposed agreement. The Commission found that the bargaining process was conducted in good faith, and that the agreement was the result of genuine negotiations. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement complied with the statutory requirements and adequately protected the interests of the employees. Consequently, the Commission approved the Transport Employees Enterprise Agreement 2017.

ResourceCo 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