DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skippers Transport Pty Ltd
(AG2016/2712)

SKIPPERS TRANSPORT AND TRANSPORT WORKERS’ UNION FAIR WORK AGREEMENT 2016

Road transport industry
COMMISSIONER ROE	MELBOURNE, 24 MAY 2016

Application for approval of the Skippers Transport and Transport Workers’ Union Fair Work Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Skippers Transport and Transport Workers’ Union Fair Work Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skippers Transport 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 24 May 2016 and, in accordance with s.54, will operate from 31 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Skippers Transport Pty Ltd was the applicant in a case heard by the Fair Work Commission, seeking approval of a proposed Fair Work Agreement. The dispute centred on the terms and conditions of employment for the workers in Skippers Transport's business, as negotiated between the applicant and the Transport Workers’ Union. The Commission was tasked with determining whether the proposed agreement was in the interests of the workers and whether it complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement appropriately balanced the rights and interests of the workers with the operational needs of the business, and whether it adhered to the statutory requirements for Fair Work Agreements. This included ensuring that the agreement provided for fair and reasonable terms and conditions, did not undermine the rights of workers, and was not contrary to public policy.

In considering the application, the Commission examined the provisions of the proposed agreement, the submissions made by the parties, and the broader context of industrial relations. The Commission found that the agreement provided for terms and conditions that were fair and reasonable, taking into account the specific needs of the industry and the workers. The Commission was satisfied that the agreement did not undermine the rights of the workers and was not contrary to public policy. Consequently, the Commission approved the proposed Fair Work Agreement.

The Commission's decision was made in favour of approving the agreement, with no specific orders other than the approval of the Fair Work Agreement as presented. This outcome ensures that the terms and conditions negotiated between the applicant and the Transport Workers’ Union are legally binding and can be implemented in accordance with the provisions of the Fair Work Act.

Skippers Transport 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