DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers' Union of Australia
(AG2018/7022)

COYNES TRANSPORT INDUSTRIES MARITIME MOTORS ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER LEE	MELBOURNE, 21 JANUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Coynes Transport Industries Maritime Motors 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

In the Fair Work Commission, the Transport Workers' Union of Australia applied for the approval of the Coynes Transport Industries Maritime Motors Enterprise Agreement 2018. The respondent, Coynes Transport Industries, did not oppose the application. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009. The Commission had to determine if the agreement contained the mandatory terms prescribed by the Act and whether it complied with procedural fairness and good faith requirements.

The Commission assessed the agreement against the mandatory terms, confirming that it included all necessary provisions. The parties' procedural fairness and good faith were also considered, with the absence of opposition from Coynes Transport Industries indicating compliance. The Commission found no procedural irregularities or substantive issues that would prevent the agreement from being approved. The Commission noted that the agreement was fair and reasonable, taking into account the interests of both employers and employees.

As a result, the Fair Work Commission approved the Coynes Transport Industries Maritime Motors Enterprise Agreement 2018. The approval ensures that the terms of the agreement are legally binding and enforceable, providing a stable framework for industrial relations between the union and the employer.

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