DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers' Union of Australia
(AG2018/6958)

COYNES TRANSPORT INDUSTRIES ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER LEE	MELBOURNE, 21 JANUARY 2019

Application for approval of the Coynes Transport Industries Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Coynes Transport Industries 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 Workers’ Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Transport Workers' Union of Australia, which sought approval of the Coynes Transport Industries Enterprise Agreement 2018. The primary dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, including provisions regarding minimum entitlements and procedural fairness. The Commission was tasked with evaluating the agreement to ensure it provided for the fair and efficient resolution of workplace issues, as well as the fair and efficient operation of workplaces.

The legal issues before the Commission included whether the agreement provided for the proper minimum entitlements as stipulated by the Act and if it adhered to the procedural fairness requirements. Additionally, the Commission had to assess whether the agreement complied with the statutory obligation to provide for the fair and efficient resolution of workplace issues. The Transport Workers' Union argued that the agreement was fair and efficient, while Coynes Transport Industries maintained that the agreement adequately covered all necessary provisions.

The Commission found that the agreement did not fully meet the requirements of the Fair Work Act 2009, particularly in relation to minimum entitlements. The Commission highlighted several discrepancies where the agreement did not align with the statutory minimum standards, and it did not adequately address certain procedural fairness issues. The decision to not approve the agreement was based on these deficiencies, which the Commission deemed significant enough to prevent the agreement from being certified. The Commission also noted that while the agreement had good intentions, its failure to meet the statutory minimum standards was a critical flaw.

The Fair Work Commission refused to approve the Coynes Transport Industries Enterprise Agreement 2018, directing the parties to address the identified deficiencies and resubmit the agreement for consideration. The Commission's decision underscored the importance of ensuring that all enterprise agreements comply with the Fair Work Act 2009, including providing for the minimum entitlements and procedural fairness as required by law.

Transport Workers' Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established