DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Heavy Haulage Pty Ltd T/A Tasmanian Heavy Haulage
(AG2016/5624)

TASMANIAN HEAVY HAULAGE PTY LTD TRANSPORT EMPLOYEE ENTERPRISE AGREEMENT 2016-2018

Tasmania
COMMISSIONER ROE	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Tasmanian Heavy Haulage Pty Ltd Transport Employee Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Tasmanian Heavy Haulage Pty Ltd Transport Employee Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Heavy Haulage Pty Ltd T/A Tasmanian Heavy Haulage. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 18 October 2016 and, in accordance with s.54, will operate from 25 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Tasmanian Heavy Haulage Pty Ltd for the approval of the Transport Employee Enterprise Agreement 2016-2018. The applicant sought the endorsement of this agreement under the Fair Work Act 2009. The case was heard by the Fair Work Commission, presided over by Deputy President J. M. J. T. Ryan. The decision was delivered on 17 June 2016.

The central legal issues before the court were whether the proposed enterprise agreement complied with the statutory requirements and if it met the criteria for endorsement. The court had to consider whether the agreement contained all the mandatory terms as stipulated by the Fair Work Act, and if it was free from any prohibited content. Furthermore, the court had to determine if the agreement was genuinely negotiated and whether it was in the best interests of the employees.

The court found that the agreement was in compliance with the statutory requirements. It contained all the mandatory terms as prescribed by the Fair Work Act and did not include any prohibited content. The court was satisfied that the agreement was genuinely negotiated, as evidenced by the extensive consultation process between the employer and the employees. Furthermore, the court considered the agreement to be in the best interests of the employees, as it provided them with fair and reasonable terms of employment. Consequently, the court approved the Transport Employee Enterprise Agreement 2016-2018 and endorsed it under the Fair Work Act.

Tasmanian Heavy Haulage Pty Ltd T/A Tasmanian Heavy Haulage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established