Russell Transport Pty Ltd T/A Russell Transport

[2024] FWCA 1567

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

(AG2024/1097)

RUSSELL TRANSPORT - QLD MANUFACTURING CONTRACTS ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER DURHAM	BRISBANE, 29 APRIL 2024

Application for approval of the Russell Transport - QLD Manufacturing Contracts Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Russell Transport - QLD Manufacturing Contracts Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Russell Transport Pty Ltd, trading as Russell Transport, and the Fair Work Commission. The matter pertained to the application for approval of the Russell Transport – QLD Manufacturing Contracts Enterprise Agreement 2024. The primary dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and met the necessary standards for certification. The Fair Work Commission was tasked with reviewing the agreement and determining if it met the criteria for approval under the Act.

The legal issues before the Commission included assessing whether the agreement satisfied the minimum terms and conditions prescribed by the Fair Work Act, if it had been made in good faith and without coercion, and whether it complied with the process requirements set out in the Act. Additionally, the Commission needed to consider if the agreement provided for appropriate mechanisms for dispute resolution and if it covered all necessary aspects of the employment relationship, including wages, hours of work, and other conditions of employment.

In delivering its decision, the Fair Work Commission found that the proposed agreement did indeed meet all the statutory requirements for approval. The Commission confirmed that the agreement contained all the minimum terms and conditions as stipulated by the Fair Work Act, and it was evident that the agreement had been made in good faith without any element of coercion. Furthermore, the Commission was satisfied that the agreement adhered to the procedural requirements outlined in the Act, and it included appropriate mechanisms for resolving any disputes that might arise. The Commission concluded that the agreement comprehensively covered all essential aspects of the employment relationship, thus fulfilling the criteria for certification.

The Fair Work Commission approved the Russell Transport – QLD Manufacturing Contracts Enterprise Agreement 2024, and the decision was made effective from the date of the approval. This decision allowed the agreement to operate as a legally binding contract between Russell Transport Pty Ltd and its employees, providing a framework for their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established