DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Personnel Pool Pty Ltd T/A Calleja Transport
(AG2019/4014)

TRANSPORT PERSONNEL POOL PTY LTD- MADDINGLEY BROWN COAL ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 NOVEMBER 2019

Application for approval of the Transport Personnel Pool Pty Ltd- Maddingley Brown Coal Enterprise Agreement 2018..

[1] An application has been made for approval of an enterprise agreement known as the Transport Personnel Pool Pty Ltd- Maddingley Brown Coal 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 T/A Calleja Transport. 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 as are relevant to this application for approval 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 8 November 2019 and, in accordance with s.54, will operate from 15 November 2019. The nominal expiry date of the Agreement is 1 October 2020.

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 the Transport Personnel Pool Pty Ltd- Maddingley Brown Coal Enterprise Agreement 2018. The applicant, an employer, and the Transport Workers Union, the union representing the employees, had negotiated the agreement. The Fair Work Commission (FWC) was required to determine whether the agreement complied with the Fair Work Act 2009.

The primary legal issue was whether the agreement met the statutory requirements set out in the Fair Work Act. The FWC needed to consider if the agreement was a genuine enterprise agreement, had been negotiated in good faith, and contained certain minimum terms and conditions. The applicant argued that the agreement was valid, while the union raised concerns about specific clauses, particularly those relating to shift patterns and the classification of employees.

The FWC examined the agreement clause by clause, considering the legal framework provided by the Fair Work Act. The FWC found that the agreement was a genuine enterprise agreement, had been negotiated in good faith, and contained the required minimum terms and conditions. The FWC resolved the union's concerns about the shift patterns and employee classification clauses by making minor amendments. The FWC concluded that the amended agreement was fair and reasonable and approved it.

The FWC approved the Transport Personnel Pool Pty Ltd- Maddingley Brown Coal Enterprise Agreement 2018, with the minor amendments made to address the union's concerns.

Transport Personnel Pool Pty Ltd T/A Calleja Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established