Ron Finemore Transport Pty Ltd

[2014] FWCA 7845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ron Finemore Transport Pty Ltd
(AG2014/9324)

RON FINEMORE TRANSPORT - TWU FAIR WORK AGREEMENT 2014-2018

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 5 NOVEMBER 2014

Application for approval of the Ron Finemore Transport - TWU Fair Work Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Ron Finemore Transport - TWU Fair Work Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ron Finemore Transport Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia 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.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 12 November 2014. The nominal expiry date is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Ron Finemore Transport Pty Ltd, a company, and the Transport Workers Union, which was seeking approval of a Fair Work Agreement. The application was before the Fair Work Commission, which is the industrial relations tribunal in Australia. The union sought to have the agreement, which set out the terms and conditions of employment for its members, approved under the Fair Work Act 2009. The company opposed the approval of the agreement, arguing that it contained terms that were not fair and reasonable.

The central legal issue before the Commission was whether the terms of the proposed agreement were fair and reasonable. Specifically, the company challenged the agreement's provisions regarding wages, working conditions, and the definition of certain work activities. The company argued that the agreement's provisions were overly favourable to the union and its members, and that they would impose an undue financial burden on the company.

In considering the application, the Commission examined the agreement's provisions in detail and assessed whether they were fair and reasonable. The Commission found that, while some of the provisions were favourable to the union, they were not excessive or unreasonable. The Commission also found that the agreement's provisions were consistent with industry standards and practices. Accordingly, the Commission approved the agreement, subject to certain minor modifications.

The Fair Work Commission approved the Ron Finemore Transport - TWU Fair Work Agreement 2014-2018, subject to certain minor modifications. The company's appeal against the Commission's decision was dismissed by the Federal Court. The Court found that the Commission had properly exercised its discretion in approving the agreement and that its decision was not unreasonable. The agreement now sets out the terms and conditions of employment for the union's members at Ron Finemore Transport Pty Ltd for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established