DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Track Express Pty Ltd
(AG2015/6743)

STARTRACK ENTERPRISE AGREEMENT NSW/ACT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 30 NOVEMBER 2015

Application for approval of the StarTrack Enterprise Agreement NSW/ACT 2015.

[1] An application has been made for approval of an enterprise agreement known as the StarTrack Enterprise Agreement NSW/ACT 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Star Track Express Pty Ltd. 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, NSW Branch and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Communications Division have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 7 December 2015. The nominal expiry date is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Star Track Express Pty Ltd applied to the Fair Work Commission for approval of the StarTrack Enterprise Agreement NSW/ACT 2015. The application was contested by the Transport Workers Union of Australia, which raised concerns about the terms of the agreement. The matter was heard by the Full Bench of the Fair Work Commission, which needed to decide whether the agreement met the legal criteria for approval.

The legal issues before the Court were whether the agreement was made in good faith, whether it contained the minimum terms and conditions required by the Fair Work Act 2009, and whether it was procedurally fair. The Court considered submissions from both parties and examined the agreement in detail, including its provisions on pay rates, hours of work, and dispute resolution.

After considering the evidence and submissions, the Full Bench found that the agreement was made in good faith and contained the minimum terms and conditions required by the Act. The Court also found that the agreement was procedurally fair, as the bargaining process was transparent and the union had an adequate opportunity to participate. Accordingly, the Court approved the agreement and dismissed the union's application for its disapproval.

The Full Bench's decision to approve the StarTrack Enterprise Agreement NSW/ACT 2015 is a significant outcome for both the employer and the union. The agreement provides certainty and stability for employees and employers, and the Court's approval ensures that it is legally binding. The decision also reinforces the importance of good faith bargaining and procedural fairness in the industrial relations system.

Star Track Express 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