Ron Finemore Transport Services Pty Ltd

[2023] FWCA 3079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ron Finemore Transport Services Pty Ltd

(AG2023/3268)

RON FINEMORE TRANSPORT SERVICES - TWU ENTERPRISE AGREEMENT 2023 - 2026

Road transport industry
DEPUTY PRESIDENT BELL	MELBOURNE, 22 SEPTEMBER 2023

Application for approval of the Ron Finemore Transport Services - TWU Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the Ron Finemore Transport Services - TWU Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Ron Finemore Transport Services Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 29 May 2023 and the Agreement was made on 4 September 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 188 190, 193 and 193A 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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Transport Workers Union of Australia (TWU) 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.

The Agreement was approved on 22 September 2023 and, in accordance with s.54, will operate from 29 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ron Finemore Transport Services Pty Ltd sought approval of their Enterprise Agreement with the Transport Workers Union (TWU) for the period 2023-2026. The application was filed in accordance with the Fair Work Act 2009, seeking to ensure that the terms and conditions outlined in the agreement were compliant with Australian labour laws and met the necessary standards for fairness and efficiency. The dispute centred on the specifics of wage rates, working conditions, and the overall fairness of the agreement to both the employees and the employer.

The key legal issues before the court were whether the proposed terms and conditions in the Enterprise Agreement adhered to the statutory requirements outlined in the Fair Work Act 2009. This included assessing whether the agreement provided for a minimum rate of pay, covered essential working conditions, and met the 'better off overall test' to ensure employees were not worse off under the new agreement. Additionally, the court needed to determine if the agreement was free from any provisions that could potentially undermine the industrial relations framework.

The Fair Work Commission examined the proposed agreement closely, considering the submissions from both Ron Finemore Transport Services Pty Ltd and the TWU. The Commission found that the agreement was consistent with the Fair Work Act 2009, ensuring that it provided fair and reasonable terms for both parties. The wage rates were deemed to meet the minimum standards, and the working conditions were found to be satisfactory. Furthermore, the agreement passed the 'better off overall test', confirming that employees would not be disadvantaged under the new terms. The Commission concluded that the agreement was fair and compliant with the necessary legislative requirements.

The Fair Work Commission approved the Ron Finemore Transport Services - TWU Enterprise Agreement 2023-2026, recognising its compliance with the Fair Work Act 2009. The agreement was deemed to be fair, reasonable, and beneficial to both parties, providing a stable and equitable framework for the employment relationship during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established