DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temples (WA) Pty Ltd
(AG2018/2868)

TEMPLES (WA) PTY LTD TRANSPORT WORKERS ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 SEPTEMBER 2018

Application for approval of the Temples (WA) Pty Ltd Transport Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Temples (WA) Pty Ltd Transport Workers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Temples (WA) Pty Ltd. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2018. The nominal expiry date of the Agreement is 23 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Temples (WA) Pty Ltd for the approval of the Transport Workers Enterprise Agreement 2018. This agreement, intended to govern the employment conditions of workers within the company, was contested by a union representing the employees. The union argued that the agreement did not meet the standards set by the Fair Work Act 2009 in terms of providing fair and reasonable terms and conditions of employment.

The legal issues before the Commission were primarily concerned with whether the agreement complied with the requirements of the Fair Work Act. This included whether the agreement provided for a fair and reasonable rate of pay and conditions for the employees, and whether it had been genuinely negotiated. The Commission had to consider the fairness of the terms proposed in the agreement, the process through which the agreement was negotiated, and whether there was adequate representation of the employees during the negotiation process.

In its decision, the Commission noted that the agreement provided for terms and conditions that were broadly in line with industry standards and provided for a fair and reasonable rate of pay. The Commission also found that the agreement had been genuinely negotiated and that the union representing the employees had adequately participated in the negotiation process. The Commission concluded that the Transport Workers Enterprise Agreement 2018 met the statutory requirements and approved the agreement. The decision was made on the basis that the agreement was fair and reasonable, and that the negotiation process was conducted in good faith.

The Fair Work Commission approved the Temples (WA) Pty Ltd Transport Workers Enterprise Agreement 2018, finding that it met the statutory requirements for genuine negotiation and fair and reasonable terms and conditions of employment.

Temples (WA) 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