DECISION

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

Tomack Investments Pty Ltd T/A North Brisbane Truck Hire
(AG2020/978)

NORTH BRISBANE TRUCK HIRE ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER BOOTH	BRISBANE, 23 APRIL 2020

Application for approval of the North Brisbane Truck Hire Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Tomack Investments Pty Ltd T/A North Brisbane Truck Hire (the Applicant) for approval of the North Brisbane Truck Hire Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] On the material provided to the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with clause 3 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tomack Investments Pty Ltd, trading as North Brisbane Truck Hire, applied for the approval of the North Brisbane Truck Hire Enterprise Agreement 2020. The application arose from negotiations between the employer and the employees' union, with the objective of establishing terms and conditions of employment for the workers. The union contested certain aspects of the proposed agreement, leading to the need for the Commission to adjudicate on the fairness and appropriateness of the agreement.

The primary legal issues before the Commission were whether the agreement met the requirements under the Fair Work Act 2009, specifically in terms of ensuring that it was a bona fide agreement, that it was free from coercion, and that it did not adversely affect employees' rights or entitlements. The Commission also had to consider whether the agreement complied with the statutory minimum standards, including those related to pay rates, leave entitlements, and other employment conditions.

In delivering its decision, the Commission assessed the evidence and submissions from both parties. It concluded that the North Brisbane Truck Hire Enterprise Agreement 2020 was a bona fide agreement that met the statutory requirements. The Commission found that the agreement was not coerced, was fair and reasonable, and did not disadvantage employees. It also determined that the agreement complied with the relevant minimum standards under the Fair Work Act. Therefore, the Commission approved the application and registered the enterprise agreement.

The Fair Work Commission hereby approves and registers the North Brisbane Truck Hire Enterprise Agreement 2020, effective from the date of registration.

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