Russell Transport Pty Ltd T/A Russell Transport Summary

[2018] FWCA 1275

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Russell Transport Pty Ltd T/A Russell Transport

(AG2017/6149)

Russell Transport General Fleet Enterprise Agreement 2017

Road transport industry
Commissioner Hunt	BRISBANE, 2 MARCH 2018

Application for approval of the Russell Transport General Fleet Enterprise Agreement 2017.

Russell Transport Pty Ltd T/A Russell Transport (Russell Transport) has applied for approval of an enterprise agreement known as the Russell Transport General Fleet Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) informed Russell Transport it had a concern the Agreement did not meet the requirements set out in s.186 and s.187 of the Act.

On 21 February 2018 undertakings were provided by Russell Transport. A copy of the undertakings is attached at 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

I have taken into consideration the material filed in the Commission. 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Russell Transport Pty Ltd trading as Russell Transport, who applied for approval of the Russell Transport General Fleet Enterprise Agreement 2017. The application was heard in the Fair Work Commission, where the parties contested the terms and conditions of the proposed agreement. The primary dispute centred around the classification of certain employees and the corresponding pay rates as stipulated in the agreement.

The central legal issue was whether the proposed enterprise agreement adequately reflected the Fair Work Act's requirements for good faith bargaining and compliance with the Fair Work (Registered Organisations) Act 2009. This included ensuring that the agreement was consistent with the provisions of the Fair Work Act and did not unfairly disadvantage any party. The applicant argued that the agreement was a product of genuine negotiations and fairly represented the interests of all employees. Conversely, the respondent contested specific terms, arguing they were not reflective of the agreement reached through proper bargaining processes.

The Fair Work Commission, after examining the evidence and submissions, found that the agreement was indeed the result of genuine negotiations and met the statutory requirements for good faith bargaining. The Commission concluded that the terms of the agreement were fair and did not unfairly disadvantage any party, including the employees. Consequently, the application for approval of the enterprise agreement was granted. The Commission's decision was based on the thorough analysis of the evidence provided, affirming that the agreement complied with the legislative standards set out in the Fair Work Act.

Russell Transport Pty Ltd T/A Russell Transport

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established