DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Transport Pty Ltd T/A Russell Transport
(AG2018/3100)

RUSSELL FLEET WORKSHOPS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 25 SEPTEMBER 2018

Application for approval of the Russell Fleet Workshops Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Russell Fleet Workshops Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Russell Transport Pty Ltd, trading as Russell Transport, applied to the Fair Work Commission for the approval of the Russell Fleet Workshops Enterprise Agreement 2018. The respondents, the Transport Workers Union of Australia and the National Transport Workers’ Union of Australia, opposed the application, contending that the agreement did not meet the requirements of the Fair Work Act 2009. The applicants argued that the agreement was a genuine enterprise agreement and should be approved.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement was a genuine enterprise agreement, whether it had been fairly negotiated, and whether it met the other statutory requirements for approval. The court also needed to consider the arguments of the respondents and determine whether there were any grounds for rejecting the application.

The Fair Work Commission found that the agreement was a genuine enterprise agreement that had been fairly negotiated. The Commission held that the agreement met all the statutory requirements for approval and that there were no grounds for rejecting the application. The Commission noted that the agreement contained provisions that were consistent with the Fair Work Act 2009 and that it had been negotiated in good faith. The Commission also found that the agreement provided for the fair treatment of employees and that it was in the best interests of the employees.

The Fair Work Commission approved the Russell Fleet Workshops Enterprise Agreement 2018. The Commission made an order approving the agreement and directing that it be registered with the Fair Work Commission. The Commission also ordered that the agreement would commence on the date of the order and that it would remain in force until it was terminated or replaced by a new agreement.

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