DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Transport Pty Ltd T/A Russell Transport
(AG2021/6139)

RUSSELL FLEET WORKSHOPS ENTERPRISE AGREEMENT 2021.

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 30 JULY 2021

Application for approval of the Russell Fleet Workshops Enterprise Agreement 2021.

[1] Russell Transport Pty Ltd T/A Russell Transport (the Employer) has applied for approval of an enterprise agreement known as the Russell Fleet Workshops Enterprise Agreement 2021 (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.

[2] The Fair Work Commission (the Commission) raised a certain concern regarding the Agreement with the Employer, and as a result, the Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the two bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No correspondence was received from the two bargaining representatives.

[3] 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.

[4] 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 does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Russell Transport Pty Ltd T/A Russell Transport applied for the approval of the Russell Fleet Workshops Enterprise Agreement 2021. The applicant sought to ensure that the terms and conditions of employment for its employees were appropriately regulated under the new agreement. The dispute arose as the company aimed to formalise its employment practices and address various working conditions, wages, and other employment-related matters.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it adhered to the relevant provisions of the Act, including those concerning employee protections, procedural fairness, and bargaining obligations.

The Commission examined the submissions from both the applicant and the relevant union, as well as the content of the proposed agreement. It assessed whether the agreement satisfied the criteria for approval, including whether it provided for fair and reasonable terms, and if it was the product of genuine bargaining. The Commission found that the agreement met the necessary requirements and approved it, highlighting that it provided adequate protections and benefits for the employees involved.

No further orders were made beyond the approval of the agreement. The decision confirmed the formalisation of employment terms under the new enterprise agreement, ensuring that both the employer and the employees had clear guidelines for their working relationship.

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