Russell Transport Pty Ltd T/A Russell Transport Summary

[2024] FWCA 474

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

(AG2023/5397)

RUSSELL TRANSPORT - SA CONTRACT FLEET ENTERPRISE AGREEMENT

Road transport industry
COMMISSIONER THORNTON	ADELAIDE, 13 FEBRUARY 2024

Application for approval of the Russell Transport - SA Contract Fleet Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Russell Transport - SA Contract Fleet Enterprise Agreement 2023 (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, 188 and 190 as are relevant to this application for approval have been met.

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. The undertakings are taken to be terms of the Agreement.

The Transport Workers’ Union (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 from 20 February 2024. The nominal expiry date of the Agreement is 28 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Russell Transport Pty Ltd T/A Russell Transport sought approval for the Russell Transport - SA Contract Fleet Enterprise Agreement 2023 under section 185 of the Fair Work Act 2009. The Fair Work Commission reviewed the application to determine if the agreement met the necessary requirements for approval, including those set out in sections 186, 187, 188, and 190 of the Act. The Transport Workers’ Union (TWU) also declared its interest in the agreement's coverage, aligning with the statutory provisions of section 201(2) of the Act.

The Commission assessed whether the agreement met the statutory criteria for approval, including examining the written undertakings provided by Russell Transport. These undertakings were reviewed to ensure they would not result in financial detriment to employees or substantial changes to the agreement's terms. The Commission was satisfied that the agreement complied with the legislative requirements and that the provided undertakings would be incorporated as terms of the agreement. The TWU's interest in the agreement's coverage was acknowledged, and the agreement was found to cover the union.

Following the review, the Commission approved the Russell Transport - SA Contract Fleet Enterprise Agreement 2023, effective from 20 February 2024, as per section 54 of the Fair Work Act 2009. The agreement's nominal expiry date is set for 28 February 2026. This decision ensures that the agreement is legally binding and operational within the stipulated timeframe.

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