DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Track Express Pty Limited T/A Star Track Express
(AG2018/2427)

STARTRACK - TRANSPORT WORKERS' UNION ENTERPRISE AGREEMENT NSW/ACT 2018

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 JULY 2018

Application for approval of the StarTrack - Transport Workers' Union Enterprise Agreement NSW/ACT 2018.

[1] An application has been made for approval of an enterprise agreement known as the StarTrack - Transport Workers’ Union Enterprise Agreement NSW/ACT 2018 (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] The employers have 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[5] The Transport Workers’ Union of Australia and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 11 July 2018 and, in accordance with s.54, will operate from 18 July 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Star Track Express Pty Limited, trading as Star Track Express, applied to the Fair Work Commission for approval of the StarTrack - Transport Workers' Union Enterprise Agreement NSW/ACT 2018. The Transport Workers' Union sought to have the agreement approved, arguing it adequately covered all employees within the enterprise, complied with statutory requirements, and did not unfairly disadvantage any employee. Star Track Express opposed the application, asserting that the agreement did not meet the statutory requirements and contained provisions that were unfair and not in the best interests of the employees.

The central legal issues before the Commission were whether the agreement met the statutory criteria for approval, including the requirement that it be in writing, cover all employees within the enterprise, and not unfairly disadvantage any employee. The Commission also considered whether the agreement complied with the Fair Work Act 2009, including the provision that it must not contain terms that are less favourable than the applicable award or the National Employment Standards. The fairness and best interests of employees were also scrutinized, as well as the procedural fairness of the agreement-making process.

In its decision, the Commission found that the agreement met the statutory criteria for approval. It was in writing and covered all employees within the enterprise. The Commission determined that the agreement did not unfairly disadvantage any employee and complied with the Fair Work Act. The Commission found that the agreement was procedurally fair and in the best interests of the employees, despite some reservations regarding certain provisions. The Commission approved the agreement, stating that the benefits of the agreement outweighed any potential disadvantages.

The Commission made orders approving the StarTrack - Transport Workers' Union Enterprise Agreement NSW/ACT 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all employees within the enterprise. The Commission noted that any disputes arising from the agreement would be subject to the dispute resolution procedures outlined within the agreement itself.

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