DECISION

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

Ron Finemore Transport Services Pty Ltd T/A Ron Finemore
(AG2017/6782)

RON FINEMORE TRANSPORT SERVICES - TWU ENTERPRISE AGREEMENT 2017 - 2020

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 4 JUNE 2018

Application for approval of the Ron Finemore Transport Services - TWU Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ron Finemore Transport Services - TWU Enterprise Agreement 2017 - 2020 (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 Ltd T/A Ron Finemore. The Agreement is a single enterprise agreement.

[2] Pursuant to section 594 of the Act the rates of pay in the Agreement will be redacted by consent of the parties for the purposes of publication on the Commission’s website.

[3] 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.

[4] 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.

[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] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the case of Ron Finemore Transport Services Pty Ltd T/A Ron Finemore, the Fair Work Commission was asked to approve an enterprise agreement between the company and the Transport Workers Union. The dispute centred around the terms and conditions outlined in the proposed agreement, which covered the period from 2017 to 2020. The court was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court involved assessing whether the agreement contained all the mandatory terms required by the Fair Work Act, including provisions on minimum wages, penalty rates, leave entitlements, and other essential conditions of employment. The court also needed to consider whether the agreement had been fairly negotiated and if it provided for genuine bargaining between the parties. Furthermore, the court had to ensure that the agreement did not discriminate against any employees or groups of employees and that it did not adversely affect employees' ability to take protected industrial action.

The court found that the proposed agreement met all the necessary requirements for approval. The agreement contained all the mandatory terms stipulated by the Fair Work Act and was the result of genuine bargaining between the parties. The court concluded that the agreement did not contain any discriminatory provisions and did not prevent employees from taking protected industrial action. As a result, the court approved the Ron Finemore Transport Services - TWU Enterprise Agreement 2017 - 2020.

Ron Finemore Transport Services Pty Ltd T/A Ron Finemore

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established