DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Scott's Transport Industries Pty Ltd
(AG2016/5735)

STI LINEHAUL LONG DISTANCE GENERAL DRIVERS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 23 SEPTEMBER 2016

Application for approval of the STI Linehaul Long Distance General Drivers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the STI Linehaul Long Distance General Drivers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Scott's Transport Industries Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2016. The nominal expiry date of the Agreement is 29 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Scott's Transport Industries Pty Ltd sought approval of the STI Linehaul Long Distance General Drivers Enterprise Agreement 2016. The applicant, a transport company, aimed to have the agreement recognised and enforced as a lawful enterprise agreement under the Fair Work Act 2009. The dispute involved the application of the requirements for approval of enterprise agreements, particularly focusing on whether the agreement met the threshold of covering at least 10 employees and whether it was genuinely an enterprise agreement.

The central legal issue before the court was whether the enterprise agreement complied with the statutory requirements for approval. The applicant argued that the agreement was made in good faith and met the necessary conditions, including the involvement of the Fair Work Commission in resolving any disputes. The court needed to determine if the agreement was genuinely made between the employer and the employees and whether it contained the requisite elements of an enterprise agreement as defined by the Fair Work Act.

The court found that the agreement satisfied the statutory requirements for approval. It was concluded that the agreement was genuinely made between the employer and the employees, and it contained the necessary provisions as mandated by the Fair Work Act. The agreement also met the threshold of covering at least 10 employees, and the process of reaching the agreement involved the Fair Work Commission's involvement in resolving any disputes. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were that the STI Linehaul Long Distance General Drivers Enterprise Agreement 2016 be approved and registered as a lawful enterprise agreement. This decision ensures that the agreement is enforceable and binding on the parties involved, providing a clear framework for the terms and conditions of employment for the drivers covered by the agreement.

Scott's Transport Industries 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