DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Transport Pty Ltd T/A Russell Transport
(AG2018/1564)

RUSSELL TRANSPORT CONTRACT FLEET ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JULY 2018

Application for approval of the Russell Transport Contract Fleet Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Russell Transport Contract Fleet Enterprise Agreement 2017 (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 Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2018. The nominal expiry date of the Agreement is 30 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Russell Transport Pty Ltd T/A Russell Transport involved an application for the approval of the Russell Transport Contract Fleet Enterprise Agreement 2017. The applicant, Russell Transport, sought the approval of the agreement under the Fair Work Act 2009, with the Australian Council of Trade Unions acting as the respondent. The dispute centred around whether the agreement complied with the statutory requirements and whether it provided fair terms and conditions for the employees covered by it.

The central legal issues revolved around the compliance of the agreement with the provisions of the Fair Work Act, including whether the agreement met the "better off overall test" (BOOT), which requires that employees be no worse off financially under the new agreement than they were under their previous terms of employment. Additionally, the court had to determine whether the agreement appropriately covered all necessary aspects such as minimum wages, penalty rates, leave provisions, and other employment conditions.

The Commission examined the evidence presented by both parties, including submissions on the financial viability of Russell Transport and the impact of the proposed changes on the employees. The Commission found that the agreement was compliant with the statutory requirements, including meeting the BOOT. The agreement provided for appropriate wages, leave provisions, and other employment conditions that were fair and reasonable. The Commission approved the agreement, finding it to be in accordance with the Fair Work Act.

The final orders of the Commission were that the Russell Transport Contract Fleet Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. This decision was made effective from the date of the Commission's determination, ensuring that the terms of the agreement would govern the employment conditions of the relevant employees.

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