DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ron Finemore Transport Services Pty Limited T/A Ron Finemore Transport Services Pty Ltd
(AG2021/5286)

RON FINEMORE TRANSPORT SERVICES - TWU ENTERPRISE AGREEMENT 2020-2023

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 23 JUNE 2021

Application for approval of the Ron Finemore Transport Services - TWU Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Ron Finemore Transport Services - TWU Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ron Finemore Transport Services Pty Limited T/A Ron Finemore Transport Services Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3(c) 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.

[5] 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.

[6] 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.

[7] The Agreement is approved and in accordance with s.54, will operate from 30 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Ron Finemore Transport Services Pty Limited T/A Ron Finemore Transport Services Pty Ltd, the applicant sought approval of the Ron Finemore Transport Services - TWU Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission. The applicant sought to have the enterprise agreement approved by the Commission, and it was opposed by the Transport Workers Union.

The legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees covered by the agreement. The Commission considered whether the agreement met the statutory requirements for enterprise agreements, including whether it contained the prescribed minimum terms and conditions, and whether it had been made in good faith.

The Commission found that the enterprise agreement complied with the requirements of the Fair Work Act 2009 and was in the best interests of the employees covered by the agreement. The Commission noted that the agreement contained the prescribed minimum terms and conditions and that it had been made in good faith. The Commission also found that the agreement provided for fair and reasonable terms and conditions for the employees and that it was not contrary to the public interest. The Commission approved the enterprise agreement.

The Fair Work Commission approved the Ron Finemore Transport Services - TWU Enterprise Agreement 2020-2023, effective from 1 July 2020. The approval included the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, leave entitlements, and other employment-related matters. The approval was subject to the agreement being registered with the Australian Industrial Relations Commission.

Ron Finemore Transport Services Pty Limited T/A Ron Finemore Transport Services 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