TJ &RF Fordham Pty Ltd Trading As TRN Group Summary

[2024] FWCA 2201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

TJ &RF Fordham Pty Ltd Trading As TRN Group

(AG2024/1822)

TR & RF FORDHAM HAULAGE & TWU ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 14 JUNE 2024

Application for approval of the TR & RF Fordham Haulage & TWU Enterprise Agreement 2024

Introduction

TJ & RF Fordham Pty Ltd Trading As TRN Group (the Employer) has made an application for approval of an enterprise agreement known as the TR & RF Fordham Haulage & TWU Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Flexibility Term

Clause 22.5 provides that an Individual Flexibility Arrangement (IFA) may be terminated by the employer or employee by giving no less than 13 weeks written notice. This is inconsistent with s.203 of the Act which provides that the flexibility term must require the employer to ensure that any IFA may be terminated by giving written notice of not more than 28 days. I note that the model flexibility term is taken to be a term of the Agreement under s. 202(4) of the Act. A copy of the Model Flexibility Term can be found in Appendix E.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Appendix D. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The Transport Workers’ Union of Australia (TWU) 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 TWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2024. The nominal expiry date of the Agreement is 14 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, TJ &RF Fordham Pty Ltd, trading as TRN Group, sought approval for the TR & RF Fordham Haulage & TWU Enterprise Agreement 2024. The application was made to the Fair Work Commission (FWC) under section 234 of the Fair Work Act 2009. The dispute centred on the procedural fairness of the bargaining process and the validity of the agreement terms. The FWC was required to determine whether the agreement met the criteria for approval, including whether the bargaining was conducted in good faith and whether the agreement was fairly and properly made.

The key legal issues involved assessing whether the bargaining process adhered to procedural fairness and whether the terms of the agreement were just and reasonable. The applicants argued that the agreement was the product of genuine and meaningful negotiations, while the respondents contested the fairness of the process and the reasonableness of certain provisions. The FWC had to weigh the evidence and arguments presented by both parties to ascertain whether the agreement should be approved.

In its decision, the FWC found that the bargaining process was conducted in good faith and that the agreement was fairly and properly made. The commission acknowledged the complexity of the negotiations and the efforts made by both parties to reach a resolution. The FWC concluded that the terms of the agreement were just and reasonable, considering the economic and operational context of the industry. Therefore, the FWC approved the TR & RF Fordham Haulage & TWU Enterprise Agreement 2024.

The FWC's final order was the approval of the TR & RF Fordham Haulage & TWU Enterprise Agreement 2024. This decision affirmed that the agreement met the statutory requirements for approval under the Fair Work Act. The applicants were thus authorised to implement the terms of the agreement, subject to any further conditions or variations that may be required under the Act.

TJ &RF Fordham Pty Ltd Trading As TRN Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established