DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Personnel Pool Pty Ltd
(AG2017/1438)

TRANSPORT PERSONNEL POOL PTY LTD - ALTONA ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 15 MAY 2017

Application for approval of the Transport Personnel Pool Pty Ltd - Altona Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Transport Personnel Pool Pty Ltd - Altona Enterprise Agreement 2016 (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 Applicant 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.

[3] 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.

[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 of the Act, will operate from 22 May 2017. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transport Personnel Pool Pty Ltd applied for approval of the Transport Personnel Pool Pty Ltd - Altona Enterprise Agreement 2016. The applicant argued that the agreement contained appropriate provisions for the management of employees and the maintenance of efficient operations within the transport industry. The Fair Work Commission was the tribunal that heard the application.

The primary legal issue was whether the agreement was consistent with the relevant provisions of the Fair Work Act 2009. Specifically, the tribunal considered whether the agreement complied with the 'better off overall test' and whether it contained provisions that were contrary to the principles of the Act. The tribunal also examined if the agreement adequately protected the rights of employees and employers.

The tribunal found that the agreement met the requirements of the Act, including the 'better off overall test'. It determined that the agreement contained appropriate provisions for managing employees and maintaining efficient operations. The tribunal was satisfied that the agreement did not contravene any principles of the Act and adequately protected the rights of both employees and employers. Therefore, the tribunal approved the agreement.

The Fair Work Commission approved the Transport Personnel Pool Pty Ltd - Altona Enterprise Agreement 2016, finding it to be consistent with the Fair Work Act 2009. The tribunal determined that the agreement met the 'better off overall test' and contained appropriate provisions for managing employees and maintaining efficient operations. The agreement was approved on the basis that it adequately protected the rights of both employees and employers.

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