DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Track Express Pty Limited T/A Star Track Express
(AG2017/5392)

STAR TRACK EXPRESS PTY LIMITED & STAR TRACK RETAIL PTY LTD - TRANSPORT WORKERS’ UNION FAIR WORK AGREEMENT 2017-2020

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Star Track Express Pty Limited & Star Track Retail Pty Ltd - Transport Workers’ Union Fair Work Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Star Track Express Pty Limited & Star Track Retail Pty Ltd - Transport Workers’ Union Fair Work Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Star Track Express Pty Limited T/A Star Track Express. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Transport Workers Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 19 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Star Track Express Pty Limited, trading as Star Track Express, applied for approval of its Transport Workers' Union Fair Work Agreement 2017-2020. The Transport Workers' Union opposed the approval, arguing the agreement was not fair and reasonable in all its terms. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the terms of the agreement met the statutory requirements of being fair and reasonable. The Union argued that certain provisions related to employee entitlements, particularly regarding shift allowances, did not meet the standard set by the Fair Work Act 2009. The Union contended that these provisions were not fair and reasonable as they did not adequately protect employee rights.

The Commission examined the provisions in question and considered the context of the agreement, including industry standards and practices. The Commission found that the terms were reasonable and fair, noting the negotiation process and the overall balance of the agreement. The Commission highlighted the importance of maintaining a fair and balanced agreement that accommodates the needs of both employers and employees. Ultimately, the Commission approved the agreement, finding that it met the statutory requirements for fairness and reasonableness.

Star Track Express Pty Limited T/A Star Track Express

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established