DECISION

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

Transport Personnel Pool Pty Ltd
(AG2019/2371)

TRANSPORT PERSONNEL POOL PTY LTD - ALTONA ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 4 SEPTEMBER 2019

Application for approval of the Transport Personnel Pool Pty Ltd - Altona Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Transport Personnel Pool Pty Ltd – Altona Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transport Personnel Pool Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and 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.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 11 September 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Transport Personnel Pool Pty Ltd sought approval for the Transport Personnel Pool Pty Ltd - Altona Enterprise Agreement 2018. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009. The dispute centred around whether the agreement met the legal requirements for registration and approval under the Act.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it contained the minimum entitlements required by the Act, and whether the agreement was appropriately certified. Another issue was whether the agreement unfairly disadvantaged any group of employees.

The Commission found that the agreement had been made in good faith and contained the necessary minimum entitlements. The certification process was deemed to be adequate. The Commission also found that the agreement did not unfairly disadvantage any group of employees. Consequently, the Commission approved the agreement under section 233 of the Act.

In approving the agreement, the Commission made an order that the Transport Personnel Pool Pty Ltd - Altona Enterprise Agreement 2018 be approved as a registered agreement. The decision underscores the importance of meeting legal criteria for enterprise agreements to ensure they are fair and compliant with the Fair Work Act.

Transport Personnel Pool Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established