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 Pty Ltd

[2014] FWCA 5974

FAIR WORK COMMISSION

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 Pty Ltd
(AG2014/8607)

VICTORIAN FREIGHT SPECIALISTS ENTERPRISE AGREEMENT 2014-2018

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 29 AUGUST 2014

Application for approval of the Victorian Freight Specialists Enterprise Agreements 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Freight Specialists Enterprise Agreements 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 Pty Ltd (VFS). The agreement is a single-enterprise agreement.

[2] On 27 August 2014 an undertaking was provided by Mr C Forbes (Director of VFS). Pursuant to s.190 of the Act, I accept VFS’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2014. The nominal expiry date of the Agreement is 4 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved multiple parties, including the trustees of various trusts associated with the business known as Victorian Freight Specialists Pty Ltd, seeking approval of Enterprise Agreements covering the period from 2014 to 2018. The dispute centred around the validity and approval of these agreements, which are intended to govern the employment conditions for employees of the company. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues that the court needed to address included whether the Enterprise Agreements were genuinely negotiated, met the statutory requirements for fair and reasonable terms, and had been properly certified by the Australian Bureau of Statistics. Additionally, the court had to determine if the agreements were consistent with the Fair Work Act 2009 and if they provided adequate protections for the employees involved.

In its reasoning, the Fair Work Commission found that the Enterprise Agreements had been fairly and genuinely negotiated, as evidenced by the process followed and the participation of representatives from both the employers and employees. The agreements were deemed to be fair and reasonable, meeting all the statutory criteria set out in the Fair Work Act 2009. The court also noted that the agreements contained terms that provided for the protection of employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Consequently, the court approved the Enterprise Agreements, finding them to be in compliance with all relevant legal requirements.

The final orders of the court approved the Victorian Freight Specialists Enterprise Agreements 2014-2018, effective from the date of the decision, subject to the ongoing obligations of the parties to adhere to the terms of the agreements and the provisions of the Fair Work Act 2009. The approval of the agreements was contingent on the continued operation of the business and the continued employment of the affected workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established