South Coast Equipment Pty Limited

[2024] FWCA 4671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

South Coast Equipment Pty Limited

(AG2024/4848)

SOUTH COAST EQUIPMENT PTY. LIMITED TWU ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 24 DECEMBER 2024

Application for approval of the South Coast Equipment Pty. Limited TWU Enterprise Agreement 2024

Introduction

South Coast Equipment Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the South Coast Equipment Pty. Limited TWU Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 14 March 2024 and the Agreement was made on 22 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Delegates’ Rights Term

The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term from the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

Section 190 Undertakings

The employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Section 183 Bargaining Representatives

The Transport Workers’ Union (TWU) 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 TWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 16 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, South Coast Equipment Pty Limited was the subject of an application to approve the South Coast Equipment Pty. Limited TWU Enterprise Agreement 2024. The applicant, South Coast Equipment, sought the approval of this enterprise agreement, which was negotiated between the company and the Transport Workers Union (TWU). The agreement aimed to govern the employment terms and conditions for the employees of South Coast Equipment, specifically those covered by the TWU. The Commission was tasked with determining whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved the compliance of the enterprise agreement with the provisions of the Fair Work Act, including whether the agreement was genuinely negotiated, contained appropriate minimum terms and conditions, and was free from prohibited content. The Commission needed to examine the negotiation process to ensure it was genuine and that the agreement reflected the true terms negotiated between the parties. Additionally, the Commission had to assess whether the agreement included all the required minimum terms and conditions, as outlined by the Act, and did not contain any prohibited content, such as clauses that undermine the operation of the Act or discriminate against particular groups.

The Commission reviewed the evidence presented regarding the negotiation process and concluded that the agreement was genuinely negotiated between the parties. It was found that the agreement contained all the necessary minimum terms and conditions and did not include any prohibited content. The Commission was satisfied with the thoroughness of the negotiation process and the comprehensiveness of the agreement. Based on these findings, the Commission approved the South Coast Equipment Pty. Limited TWU Enterprise Agreement 2024, recognising it as a valid and legally enforceable enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established