DECISION

Fair Work Act 2009
s.185—Enterprise agreement

T & C Couriers
(AG2015/2552)

T & C COURIERS ENTERPRISE AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MAY 2015

Application for approval of the T & C Couriers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the T & C Couriers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by T & C Couriers. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 15 May 2015 and, in accordance with s.54, will operate from 22 May 2015. The nominal expiry date of the Agreement is 1 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by T & C Couriers to approve the T & C Couriers Enterprise Agreement 2015. The applicant sought to have the agreement certified as a modern award to ensure its employees were covered under a legally enforceable agreement. The dispute arose because the Fair Work Commission had not certified the agreement, and the applicant believed the agreement was suitable and fair for the employees involved.

The legal issues before the court were whether the agreement was a "modern award" as defined by the Fair Work Act 2009 and whether it met the criteria for certification as a modern award. Specifically, the court had to consider whether the agreement provided for minimum rates of pay and conditions that were not less favourable than those provided for in the relevant modern award. Additionally, the court had to determine if the agreement provided for a proper process for resolving disputes and whether it was negotiated in good faith.

The court considered the terms of the agreement, the evidence presented by both parties, and the relevant provisions of the Fair Work Act. The court found that the agreement met the requirements for a modern award and was negotiated in good faith. The agreement provided for minimum rates of pay and conditions that were not less favourable than those provided for in the relevant modern award. Furthermore, the agreement provided for a proper process for resolving disputes. The court was satisfied that the agreement was fair and suitable for the employees involved.

Accordingly, the court approved the T & C Couriers Enterprise Agreement 2015 as a modern award. The agreement was to be certified by the Fair Work Commission, and it would provide legal coverage to the employees involved. The applicant's application was successful, and the agreement would now be subject to the provisions of the Fair Work Act.

T & C Couriers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established