DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sean Enterprises Pty Ltd T/A Goldstar Transport
(AG2020/1054)

GOLDSTAR TRANSPORT ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 14 MAY 2020

Application for approval of the Goldstar Transport Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Goldstar Transport Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sean Enterprises Pty Ltd T/A Goldstar Transport. 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 21 May 2020. The nominal expiry date of the Agreement is 13 May 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Sean Enterprises Pty Ltd trading as Goldstar Transport, the Fair Work Commission was tasked with considering an application for the approval of the Goldstar Transport Enterprise Agreement 2020. The dispute involved the company and its employees, represented by the Transport Workers Union. The core issue was whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper bargaining of terms and conditions of employment, if it was free from prohibited content, and if it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission examined whether the agreement appropriately addressed minimum wage rates, penalty rates, leave provisions, and other employment conditions. The Court also had to consider if the agreement had been fairly negotiated and if it included adequate protections for employees.

The Fair Work Commission, in its decision, found that the Goldstar Transport Enterprise Agreement 2020 met the necessary criteria for approval. The Commission concluded that the agreement was fairly negotiated and provided for appropriate terms and conditions of employment. It was determined that the agreement complied with the statutory requirements and did not include any content that was prohibited under the Fair Work Act. Consequently, the Commission approved the agreement, acknowledging its alignment with the legislative framework and its fairness to both the employer and employees.

The final orders of the Commission included the approval of the Goldstar Transport Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it was mandated that the company and the union provide a copy of the approved agreement to the Fair Work Ombudsman within the specified timeframe. The decision underscored the importance of adhering to legal standards in the negotiation and formulation of enterprise agreements.

Sean Enterprises Pty Ltd T/A Goldstar Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established