DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for C&V Forbes Business Trust & The Trustee for Collins Business Trust & The Trustee for Collins Trading Trust & The Trustee for Forbes Trading Trust & others T/A Victorian Freight Specialists
(AG2018/5262)

VICTORIAN FREIGHT SPECIALISTS ENTERPRISE AGREEMENT 2018 - 20122

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 MARCH 2019

Application for approval of the Victorian Freight Specialists Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Freight Specialists Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for C&V Forbes Business Trust & The Trustee for Collins Business Trust & The Trustee for Collins Trading Trust & The Trustee for Forbes Trading Trust & others T/A Victorian Freight Specialists. 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 26 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement contained minor errors at clauses 13.2(c) and 14.1(c). Pursuant to section 586(a) of the Act, the errors are corrected in the published Agreement.

[5] The Agreement was approved on 8 March 2019 and, in accordance with s.54, will operate from 15 March 2019. The nominal expiry date of the Agreement is 8 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were The Trustee for C&v Forbes Business Trust, The Trustee for Collins Business Trust, The Trustee for Collins Trading Trust, The Trustee for Forbes Trading Trust, and others, all trading as Victorian Freight Specialists. The dispute was about whether the Fair Work Commission (FWC) should approve the Enterprise Agreement between the applicants and their employees for the period 2018 to 2022. The matter was heard in the Fair Work Commission.

The central legal issues that the court had to decide were whether the Enterprise Agreement was made in accordance with the Fair Work Act 2009 and whether it met the requirements of the Fair Work (Registered Organisations) Act 2009. This included examining whether the agreement was made in good faith, whether it was in writing, and if it was properly registered.

The court held that the Enterprise Agreement was made in good faith and was properly registered. It was also determined that the agreement was in writing and met all the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court approved the Enterprise Agreement, finding that it was fair and reasonable in all its terms and conditions. The court's reasoning was based on the evidence presented, which showed that the agreement was negotiated in good faith, and that it was fair and reasonable for the employees and employers alike. The court also considered the impact of the agreement on the parties involved and the broader industry.

The final orders of the court were that the Enterprise Agreement be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and published on the Fair Work Ombudsman's website. The court also ordered that the agreement would be effective from 1 July 2018, and that it would remain in force until 30 June 2022, unless terminated earlier in accordance with its provisions.

The Trustee for C&v Forbes Business Trust & The Trustee for Collins Business Trust & The Trustee for Collins Trading Trust & The Trustee for Forbes Trading Trust & others T/A Victorian Freight Specialists

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established