DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

TJ & RF Fordham Pty Ltd T/A TRN Group
(AG2020/1594)

TJ & RF FORDHAM HAULAGE & THE TRANSPORT WORKER'S UNION ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 28 JUNE 2020

Application for approval of the TJ & RF Fordham Haulage & The Transport Worker's Union Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the TJ & RF Fordham Haulage & The Transport Worker’s Union Enterprise Agreement 2020 (‘the Agreement’). The application was made by TJ & RF Fordham Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Transport Worker’s Union (“the TWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the TWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 5 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved TJ & RF Fordham Pty Ltd, trading as TRN Group, and the Transport Worker's Union. The dispute pertained to the application for approval of the Enterprise Agreement 2020 between the company and the union. The Australian Industrial Relations Commission was the forum for this case.

The primary legal issues before the Commission were whether the agreement was made in good faith and if it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009. The court had to determine if the agreement was fair and whether it was genuinely negotiated between the parties, as required by the legislation. Additionally, the court examined if the agreement met the threshold for being a "modern award" and whether it included all the mandated minimum entitlements.

The Commission found that the agreement had been made in good faith and contained the requisite minimum terms and conditions. It was determined that the agreement was genuinely negotiated and fair, meeting the requirements of the Fair Work Act. The Commission was satisfied that the agreement complied with all the necessary legislative provisions and therefore approved it. The court concluded that the agreement was appropriate for the workforce and would provide a fair and balanced outcome for both parties.

The final orders of the Commission were that the Enterprise Agreement 2020 between TJ & RF Fordham Pty Ltd and the Transport Worker's Union be approved. The agreement was to come into effect from the date of the approval and would bind the parties until it was terminated or replaced by a new agreement.

TJ & RF Fordham Pty Ltd T/A TRN Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established