Startrack Express Pty Limited T/A Startrack Express

[2022] FWCA 1236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Startrack Express Pty Limited T/A Startrack Express

(AG2022/907)

StarTrack – Transport Workers’ Union Enterprise Agreement NSW/ACT 2021

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 APRIL 2022

Application for approval of the StarTrack – Transport Workers’ Union Enterprise Agreement NSW/ACT 2021.

An application has been made for approval of an enterprise agreement known as the StarTrack – Transport Workers’ Union Enterprise Agreement NSW/ACT 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Startrack Express Pty Limited T/A Startrack Express. The Agreement is a single enterprise agreement.

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.

I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2022. The nominal expiry date of the Agreement is 11 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Startrack Express Pty Limited T/A Startrack Express applied to the Fair Work Commission for approval of the StarTrack – Transport Workers’ Union Enterprise Agreement NSW/ACT 2021. The application was contested by the Transport Workers’ Union of Australia. The central issue before the Fair Work Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for appropriate minimum terms and conditions, and if it was made in good faith and without coercion.

The Fair Work Commission examined the provisions of the proposed enterprise agreement, focusing on whether it met the legal standards for approval. This involved considering if the agreement provided for appropriate minimum terms and conditions, including wages, hours of work, and other employment conditions. The Commission also assessed whether the agreement was made in good faith and without coercion, and if it provided for a fair and efficient workplace. The evidence presented by both parties was considered, including submissions and any relevant precedents or statutory requirements.

After reviewing the evidence and submissions, the Fair Work Commission found that the StarTrack – Transport Workers’ Union Enterprise Agreement NSW/ACT 2021 met the legal requirements for approval. The Commission determined that the agreement provided for appropriate minimum terms and conditions, and was made in good faith without coercion. The Fair Work Commission approved the enterprise agreement, which will now be binding on the parties.

The Fair Work Commission's decision to approve the enterprise agreement was based on the evidence presented and the legal requirements under the Fair Work Act 2009. The Commission's decision ensures that the agreement will provide for fair and efficient workplace conditions, benefiting both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established