DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Transport Pty Ltd T/A Caloundra General Transport
(AG2017/5588)

RUSSELL TRANSPORT T/A CALOUNDRA GENERAL TRANSPORT ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 13 APRIL 2018

Application for approval of the Russell Transport T/A Caloundra General Transport Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Russell Transport T/A Caloundra General Transport Enterprise Agreement 2017 (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 T/A Caloundra General Transport. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2018. The nominal expiry date of the Agreement is 20 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Enterprise Agreement between Russell Transport, trading as Caloundra General Transport, and its employees. The Fair Work Commission was the forum for this dispute, reflecting its role in overseeing and approving enterprise agreements under the Fair Work Act 2009. The application was brought by the employer, seeking the Commission's endorsement of the agreement which outlined terms and conditions of employment for the workers.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act and whether it was made in accordance with the procedural prerequisites set out by the Act. Specifically, the Commission needed to determine if the agreement had been fairly negotiated and if it contained the necessary minimum terms as prescribed by the legislation. Another issue was whether the agreement adequately provided for the resolution of any future disputes that might arise.

In considering these issues, the Commission examined the negotiation process and the contents of the agreement. It found that the agreement had been fairly negotiated and that it met the minimum terms required by the Act. The Commission also noted that the agreement included provisions for the resolution of future disputes, which was in line with the statutory requirements. Based on these findings, the Commission approved the Enterprise Agreement, recognising that it provided a fair framework for the employment relationship between the parties.

The Fair Work Commission's decision was to approve the Enterprise Agreement, with the order coming into effect on the date of the decision. This approval signified that the agreement would govern the employment terms and conditions of the workers, provided it continued to comply with the Fair Work Act.

Russell Transport Pty Ltd T/A Caloundra General Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established