DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Personnel Pool Pty Ltd
(AG2014/10940)

TRANSPORT PERSONNEL POOL PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 28 JANUARY 2015

Application for approval of the Transport Personnel Pool Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transport Personnel Pool Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transport Personnel Pool Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 27 January 2015 undertakings were provided by Mr B Calleja, Financial Controller of the Company. 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2015. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transport Personnel Pool Pty Ltd applied for the approval of an enterprise agreement. The application was heard in the Fair Work Commission. The dispute involved the proposed agreement's provisions concerning the classification and remuneration of employees. The legal issues centred around whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring fairness and protecting employees' rights.

The Commission examined the proposed agreement to determine if it provided a safety net of minimum terms and conditions, was free from coercive conduct, and provided for proper dispute resolution mechanisms. The applicants argued that the agreement was fair and reasonable, while the respondents contended that it failed to adequately protect employees. The Commission considered the evidence and submissions from both parties, assessing whether the agreement met the statutory criteria for approval.

The Fair Work Commission concluded that the proposed agreement was fair and reasonable, taking into account the evidence presented and the relevant legal principles. The Commission found that the agreement provided a safety net of minimum terms and conditions and was free from any elements of coercion. The Commission also determined that the agreement contained proper dispute resolution mechanisms. As a result, the application for approval of the Transport Personnel Pool Pty Ltd Enterprise Agreement 2014 was granted.

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