The Trustee for the Runia Transport Trust T/A Josies Transport Group Summary

[2018] FWCA 1629

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for the Runia Transport Trust T/A Josies Transport Group

(AG2017/6723)

Josie’s Transport Group Enterprise Agreement 2017

Road transport industry
Commissioner Johns	SYDNEY, 20 MARCH 2018

Application for approval of the Josie’s Transport Group Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Josie’s Transport Group Enterprise Agreement 2017 (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 the Runia Transport Trust T/A Josies Transport Group. The Agreement is a single enterprise agreement.

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 Transport Workers’ Union of Australia member being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Josie’s Transport Group Enterprise Agreement 2017 by the trustee of the Runia Transport Trust. The dispute was heard in the Fair Work Commission. The primary issue before the court was whether the enterprise agreement in question met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and if it provided for appropriate mechanisms for the resolution of workplace disputes.

The court examined the evidence and submissions presented to ascertain if the agreement was genuinely negotiated and not coerced. It considered whether the agreement contained provisions that adequately protected the rights and interests of employees, including those related to minimum wages, leave entitlements, and dispute resolution procedures. The court also evaluated the process by which the agreement was formed, looking for any procedural flaws that might invalidate the agreement.

After careful consideration, the Fair Work Commission concluded that the Josie’s Transport Group Enterprise Agreement 2017 satisfied the necessary criteria for approval. The court found that the agreement was made in good faith, contained adequate protections for employees, and was negotiated through a process that was free from procedural irregularities. Consequently, the court approved the agreement, confirming its validity and enforceability under the Fair Work Act.

The Trustee for the Runia Transport Trust T/A Josies Transport Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established