DECISION

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

Russell Transport Pty Ltd
(AG2021/4202)

RUSSELL TRANSPORT - SEQ REGIONAL LIQUOR CONTRACT ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 30 MARCH 2021

Application for approval of the Russell Transport - SEQ Regional Liquor Contract Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Russell Transport - SEQ Regional Liquor Contract Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Russell Transport Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2021. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Russell Transport Pty Ltd seeking approval of the Russell Transport – SEQ Regional Liquor Contract Enterprise Agreement 2020. The dispute involved the proposed agreement's terms and conditions concerning employee remuneration, hours of work, and other employment-related matters. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The key legal issues the Commission had to address included whether the agreement provided for a genuine enterprise bargaining process, whether it complied with the "better-off-overall test," and whether it included appropriate dispute resolution mechanisms. Additionally, the Commission needed to ensure that the agreement did not include provisions that would be contrary to public policy or that would undermine the protections afforded to employees under the Fair Work Act.

The Fair Work Commission found that the proposed agreement had been negotiated in good faith and met the requirements of the Act. It determined that the agreement provided for a genuine enterprise bargaining process and that it was in the best interests of the employees as it met the better-off-overall test. The Commission also concluded that the agreement contained appropriate dispute resolution mechanisms and did not include any provisions that were contrary to public policy. Therefore, the Commission approved the agreement.

The Fair Work Commission granted the application and approved the Russell Transport – SEQ Regional Liquor Contract Enterprise Agreement 2020, subject to the conditions outlined in the decision.

Russell Transport 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