Toowoomba Bulk Transport (QLD) Pty Ltd

[2014] FWCA 4118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Toowoomba Bulk Transport (QLD) Pty Ltd
(AG2014/942)

DRIVER AGREEMENT THREE

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 20 JUNE 2014

Application for approval of the Driver Agreement Three.

[1] An application has been made for approval of an enterprise agreement known as the Driver Agreement Three (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Toowoomba Bulk Transport (QLD) Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 6 June 2014 an undertaking was provided by Mr D Byers on behalf of the Company in relation to clause 14.6.3 of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2014. The nominal expiry date of the Agreement is 26 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Toowoomba Bulk Transport (QLD) Pty Ltd recently faced a legal challenge in the Fair Work Commission concerning the approval of the Driver Agreement Three. The applicant, Toowoomba Bulk Transport, sought to have the agreement approved under section 233 of the Fair Work Act 2009. The dispute revolved around whether the agreement met the necessary criteria for approval, including the requirement that it provides for matters that are not capable of being dealt with effectively by conciliation and arbitration.

The Commission was required to determine whether the provisions of the Driver Agreement Three met the statutory requirements for approval, particularly in relation to the coverage of the agreement, the terms and conditions it provided, and whether it was fair and appropriate in all its aspects. This involved assessing whether the agreement appropriately addressed the specific needs of the drivers and the employer, and whether it complied with the general protections and entitlements set out in the Fair Work Act.

The Fair Work Commission ultimately approved the Driver Agreement Three, finding that it met the criteria for approval. The Commission found that the agreement was fair and appropriate, provided for matters that were not effectively dealt with by conciliation and arbitration, and included appropriate terms and conditions. The Commission was satisfied that the agreement provided a suitable framework for the employment relationship between the drivers and the employer, taking into account the specific needs of both parties. This decision confirms the importance of carefully drafting and negotiating enterprise agreements to ensure they meet the statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established