DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sargeant Transport Services Pty Ltd
(AG2015/5958)

SARGEANT TRANSPORT SERVICES PTY LTD ENTERPRISE BARGAINING AGREEMENT 2015

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 11 NOVEMBER 2015

Application for approval of the Sargeant Transport Services Pty Ltd Enterprise Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sargeant Transport Services Pty Ltd Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sargeant Transport Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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 18 November 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sargeant Transport Services Pty Ltd sought approval for their Enterprise Bargaining Agreement 2015 from the Fair Work Commission. The application was made under the Fair Work Act 2009, and the parties involved were Sargeant Transport Services Pty Ltd and their employees represented by the Transport Workers Union of Australia. The dispute centred on whether the agreement met the criteria for approval as a low-paid industry agreement, particularly in relation to the rate of pay and the provisions concerning penalty rates for overtime.

The legal issues before the Commission were whether the agreement complied with the statutory requirements for a low-paid industry agreement and whether the terms regarding overtime penalty rates were reasonable. The key points of contention were the calculation of the rate of pay and the specific conditions for overtime work, including whether the agreement appropriately balanced the interests of the employer and employees.

The Fair Work Commission considered the evidence presented by both parties and the broader context of the industry. The Commission concluded that the agreement was consistent with the requirements of a low-paid industry agreement. It found that the rate of pay was appropriate given the industry standards and economic conditions. Regarding overtime penalty rates, the Commission determined that the provisions were reasonable, taking into account the need to provide fair compensation to employees while also allowing flexibility for the employer. The Commission approved the agreement, finding it to be in the best interests of the parties involved.

The Commission's final order was the approval of the Sargeant Transport Services Pty Ltd Enterprise Bargaining Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, ensuring its enforceability under the Fair Work Act.

Sargeant Transport Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established