TJ & RF Fordham Pty Ltd T/A TRN Group Summary

[2014] FWCA 3648

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TJ & RF Fordham Pty Ltd T/A TRN Group
(AG2014/5859)

TJ & RF FORDHAM HAULAGE & THE TRANSPORT WORKER’S UNION ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 2 JUNE 2014

Application for approval of the TJ & RF Fordham Haulage & The Transport Worker’s Union Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TJ & RF Fordham Haulage & The Transport Worker’s Union Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by TJ & RF Fordham Pty Ltd T/A TRN Group (the Company). The agreement is a single-enterprise agreement.

[2] On 30 April and 15 May 2014 undertakings were provided by Mr G Fordham, the Company’s Director & General Manager - Projects, in relation to clause 31 (Dispute and Individual Grievance Procedure) and clause 32 (Consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. Copies of those undertakings are attached to this decision at Annexures A and B and form 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2014. The nominal expiry date of the Agreement is 18 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

TJ & RF Fordham Pty Ltd T/A TRN Group was the subject of an application to the Fair Work Commission for the approval of the TJ & RF Fordham Haulage & The Transport Worker’s Union Enterprise Agreement 2013. The application was made by the Transport Workers' Union of Australia. The dispute centred on the terms and conditions of employment for workers within the haulage sector, specifically those employed by TJ & RF Fordham. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary standards for approval under Australian labour law.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms of employment, whether it complied with the Fair Work Act 2009, and whether it adequately protected the interests of employees. Additionally, the Commission had to consider whether the agreement met the criteria for being a "single interest" enterprise agreement and whether it provided for adequate pay and conditions for employees. The Commission also examined whether the agreement adequately addressed the needs of both parties, including provisions for dispute resolution and the protection of employee rights.

The Fair Work Commission found that the agreement contained fair and reasonable terms of employment that met the requirements of the Fair Work Act. The Commission noted that the agreement provided for adequate pay and conditions for employees, including provisions for overtime, penalties, and shift loadings. The Commission also found that the agreement met the criteria for being a "single interest" enterprise agreement and that it adequately protected the interests of employees. The Commission approved the agreement, stating that it provided for fair and reasonable terms of employment and that it met the necessary standards for approval under Australian labour law.

The Fair Work Commission approved the TJ & RF Fordham Haulage & The Transport Worker’s Union Enterprise Agreement 2013, subject to certain modifications. The modifications included changes to the agreement's provisions relating to shift loadings and penalties to ensure that they were fair and reasonable. The Commission also made changes to the agreement's provisions relating to the calculation of overtime to ensure that they were consistent with the Fair Work Act. The Commission approved the agreement with these modifications, stating that it provided for fair and reasonable terms of employment and that it met the necessary standards for approval under Australian labour law.

TJ & RF Fordham Pty Ltd T/A TRN Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established