DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Transport Pty Ltd T/A Russell Transport
(AG2020/3830)

RUSSELL TRANSPORT CONTRACT FLEET ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 JANUARY 2021

Application for approval of the Russell Transport Contract Fleet Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Russell Transport Contract Fleet Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Russell Transport Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 8 January 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2021. The nominal expiry date of the Agreement is 30 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Russell Transport Pty Ltd, trading as Russell Transport, sought approval for the Russell Transport Contract Fleet Enterprise Agreement 2020. The applicant sought approval of the agreement under section 231 of the Fair Work Act 2009. The application was opposed by the Transport Workers Union of Australia.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under section 230 of the Act. This involved assessing whether the agreement provided for the terms and conditions of employment of the employees, was in writing, did not discriminate on the basis of sex, race, marital status or trade union activity, and was made in good faith. Additionally, the Commission considered whether the agreement provided for a safety management system and whether the agreement was in the best interests of the employees.

The Commission found that the agreement met the requirements for approval. The agreement provided for the terms and conditions of employment of the employees and was in writing. The Commission found that the agreement did not discriminate on the basis of sex, race, marital status or trade union activity. The Commission also found that the agreement provided for a safety management system and was made in good faith. The Commission was satisfied that the agreement was in the best interests of the employees.

The Commission approved the Russell Transport Contract Fleet Enterprise Agreement 2020. The approval is effective from the date of the decision and will remain in force until 31 December 2024 or until a new enterprise agreement is approved. The approval is subject to the agreement being registered with the Australian Industrial Relations Commission.

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