Russell Transport Pty Ltd T/A Russell Transport

[2024] FWCA 2128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Russell Transport Pty Ltd T/A Russell Transport

(AG2024/1582)

RUSSELL FLEET WORKSHOP ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 11 JUNE 2024

Application for approval of the Russell Fleet Workshop Enterprise Agreement 2024

Russell Transport Pty Ltd T/A Russell Transport has applied for approval of a single enterprise agreement known as the Russell Fleet Workshop Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 18 June 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Russell Transport Pty Ltd trading as Russell Transport, sought approval of an enterprise agreement from the Fair Work Commission. The dispute concerned the terms and conditions of employment for employees working at the Russell Fleet Workshop. The Fair Work Commission, presided over by Deputy President R. B. Grant, was tasked with determining whether the agreement met the legal requirements for approval.

The primary legal issues involved whether the agreement complied with the Fair Work Act 2009, particularly sections concerning genuine bargaining, coverage, and the right to apply for registration. The applicant needed to demonstrate that the agreement had been genuinely negotiated and covered the requisite number of employees, while the respondents raised concerns regarding the fairness of certain terms and conditions outlined in the agreement.

The Commission found that the agreement had been genuinely negotiated and was covered by the requisite number of employees. The Deputy President noted that while some provisions raised fairness concerns, the overall agreement met the statutory requirements for approval. The Deputy President took into account the parties' commitment to ongoing negotiations and the potential benefits of the agreement for both employees and the employer. Consequently, the Fair Work Commission approved the Russell Fleet Workshop Enterprise Agreement 2024.

The Fair Work Commission orders that the Russell Fleet Workshop Enterprise Agreement 2024 is approved and registered under the Fair Work Act 2009. The agreement is to be in effect from the date of registration and will govern the terms and conditions of employment for the employees covered by the agreement. The Commission also noted that ongoing negotiations between the parties were encouraged to address any concerns regarding fairness and to ensure the agreement continues to meet the needs of both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established