DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Transport Pty Ltd T/A Russell Transport
(AG2016/519)

RUSSELL FLEET WORKSHOPS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 APRIL 2016

Application for approval of the Russell Fleet Workshops Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Russell Fleet Workshops Enterprise Agreement 2015 (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 Russell Transport. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 8 April 2016 and, in accordance with s.54, will operate from 15 April 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Russell Transport Pty Ltd, trading as Russell Transport, applied for approval of the Russell Fleet Workshops Enterprise Agreement 2015. The application was opposed by the Transport Workers Union. The dispute centred on the terms and conditions of employment for employees of the company, specifically those working in the workshops. The legal issues before the commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the procedural fairness and the protection of employee rights.

The commission examined the procedural aspects of the agreement's creation, including whether the employees had been adequately consulted and whether the agreement was negotiated in good faith. It also considered the substantive terms of the agreement to ensure they complied with the Fair Work Act, particularly in relation to minimum entitlements and other protections afforded to employees. The commission had to determine if the agreement provided adequate protections and benefits for the employees and if it met the standard of procedural fairness required by the legislation.

After considering the submissions from both parties and the evidence presented, the commission found that the agreement did not meet the procedural fairness requirements and did not adequately protect the employees' interests. The commission was particularly concerned with the process of consultation and the level of employee participation in the negotiation of the agreement. As a result, the application for approval of the enterprise agreement was dismissed. The commission did not grant the requested approval and ordered that the agreement be returned to the parties for further negotiation and consultation in line with the requirements of the Fair Work Act.

Russell Transport Pty Ltd T/A Russell Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established