DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tomack Investments Pty Ltd T/A North Brisbane Truck Hire
(AG2017/1565)

NORTH BRISBANE TRUCK HIRE ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER ROE	MELBOURNE, 16 MAY 2017

Application for approval of the North Brisbane Truck Hire Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the North Brisbane Truck Hire 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 Tomack Investments Pty Ltd T/A North Brisbane Truck Hire. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 16 May 2017 and, in accordance with s.54, will operate from 23 May 2017. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tomack Investments Pty Ltd, trading as North Brisbane Truck Hire, sought approval of the North Brisbane Truck Hire Enterprise Agreement 2017 from the Fair Work Commission. The application was made pursuant to section 233 of the Fair Work Act 2009, as the parties were unable to reach an agreement regarding the terms of the proposed enterprise agreement. The applicant argued that the agreement was appropriate for the workforce, while the respondents raised concerns about certain provisions.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the terms and conditions of employment that were fair and reasonable, and if it met the requirements for bargaining in good faith. The Commission also had to consider whether the agreement contained provisions that were contrary to public policy or that undermined the safety and health of employees.

In reaching its decision, the Commission examined the terms of the proposed enterprise agreement and the submissions made by both the applicant and the respondents. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was the product of good faith bargaining. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy or that undermined the safety and health of employees. Accordingly, the Commission approved the North Brisbane Truck Hire Enterprise Agreement 2017. As a result of this decision, the enterprise agreement will now be registered and will apply to the employees covered by the agreement.

Tomack Investments Pty Ltd T/A North Brisbane Truck Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established