DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shoobridge Stafford Family Trust trading as Shoobridge Transport T/A Shoobridge Transport
(AG2019/1540)

SHOOBRIDGE TRANSPORT ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 12 JUNE 2019

Application for approval of the Shoobridge Transport Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Shoobridge Transport Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shoobridge Stafford Family Trust. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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 19 June 2019. The nominal expiry date of the Agreement is 19 June 2023.

COMMISSIONER

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Appendix A:

CaseChat Overview and Summary

The Shoobridge Stafford Family Trust, trading as Shoobridge Transport, applied to the Fair Work Commission for approval of the Shoobridge Transport Enterprise Agreement 2019. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for the drivers and other employees of Shoobridge Transport. The Shoobridge Stafford Family Trust sought to have the agreement certified as a single-employer enterprise agreement. The dispute was heard by the Commission, which had to determine if the application met the statutory requirements for approval.

The primary legal issue before the Commission was whether the application complied with the provisions of the Fair Work Act, particularly sections 232 and 234. The applicant needed to demonstrate that the agreement was made in good faith, was not inconsistent with any industrial instrument, and that the appropriate process had been followed. The Commission also needed to consider whether the agreement provided for the resolution of disputes between the employer and employees. Furthermore, the Commission had to assess whether the agreement complied with the relevant provisions regarding the certification of a single-employer enterprise agreement.

The Fair Work Commission found that the Shoobridge Stafford Family Trust had made out a prima facie case for the approval of the Shoobridge Transport Enterprise Agreement 2019. The Commission determined that the agreement had been made in good faith and was not inconsistent with any industrial instrument. The Commission also concluded that the appropriate process had been followed in the making of the agreement. Furthermore, the Commission was satisfied that the agreement provided for the resolution of disputes between the employer and employees. The Commission was also satisfied that the agreement complied with the relevant provisions regarding the certification of a single-employer enterprise agreement. The Commission approved the application and certified the agreement as a single-employer enterprise agreement.

The Shoobridge Stafford Family Trust trading as Shoobridge Transport was successful in its application for the approval of the Shoobridge Transport Enterprise Agreement 2019. The Fair Work Commission certified the agreement as a single-employer enterprise agreement, effective from the date of the decision.

Shoobridge Stafford Family Trust trading as Shoobridge Transport T/A Shoobridge Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established