Star Track Express Pty Limited & StarTrack Retail Pty Limited Summary

[2014] FWCA 7383

FAIR WORK COMMISSION

DECISION

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

Star Track Express Pty Limited & StarTrack Retail Pty Limited
(AG2014/9300)

STAR TRACK EXPRESS PTY LIMITED & STARTRACK RETAIL PTY LIMITED - TRANSPORT WORKERS’ UNION FAIR WORK AGREEMENT 2014-2017

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 24 OCTOBER 2014

Application for approval of the Star Track Express Pty Limited & StarTrack Retail Pty Limited - Transport Workers' Union Fair Work Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Star Track Express Pty Limited & StarTrack Retail Pty Limited - Transport Workers' Union Fair Work Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Star Track Express Pty Limited & StarTrack Retail Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 31 October 2014. The nominal expiry date is 31 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Star Track Express Pty Limited and StarTrack Retail Pty Limited, sought approval for a Fair Work Agreement from the Fair Work Commission. The Transport Workers' Union was also a party to the application. The dispute centred around the terms of the proposed agreement and whether it complied with the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with Deputy President J M Ryan presiding.

The central legal issue was whether the proposed agreement met the criteria for approval under section 235 of the Fair Work Act 2009. The applicants needed to demonstrate that the agreement was in the best interests of the employees covered by it and did not undermine the safety and health of employees or the public. The Transport Workers' Union argued that certain provisions of the agreement did not adequately protect employee entitlements and conditions. The applicants contended that the agreement was fair and reasonable and met the necessary statutory requirements.

The Commission found that the agreement did not adequately protect certain employee entitlements, particularly in relation to penalty rates and shift penalties. The Commission emphasised the importance of ensuring that agreements do not undermine the safety and health of employees or the public. While acknowledging that the applicants had made efforts to address these concerns, the Commission concluded that the proposed agreement did not meet the criteria for approval. The application was dismissed, and the agreement was not approved.

No final orders were made as the application was dismissed. The applicants were required to negotiate further with the Transport Workers' Union to address the concerns raised by the Commission and seek approval for a revised agreement.

Star Track Express Pty Limited & StarTrack Retail Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established