DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers’ Union of Australia
(AG2017/5048)

COYNES TRANSPORT INDUSTRIES MARITIME MOTORS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER LEE	MELBOURNE, 3 APRIL 2018

Application for approval of the Coynes Transport Industries Maritime Motors Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coynes Transport Industries Maritime Motors 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 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 10 April 2018. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Transport Workers’ Union of Australia, the Fair Work Commission was tasked with determining whether to approve the Coynes Transport Industries Maritime Motors Enterprise Agreement 2016. The Union, acting on behalf of its members, applied for the agreement's approval, while Coynes Transport Industries supported the application. The dispute centred on whether the agreement complied with the relevant legislative requirements and adequately represented the interests of the employees.

The primary legal issues before the Commission involved assessing whether the agreement was genuinely a product of free collective bargaining, as mandated by the Fair Work Act 2009, and whether it met the criteria for registration, including fairness and compliance with the applicable provisions of the Act. The Commission also needed to consider whether the agreement adequately provided for the protection of employees' rights and interests, including minimum wage rates, penalty rates, leave provisions, and other terms and conditions of employment.

The Fair Work Commission carefully examined the evidence and submissions presented by both parties. It found that the agreement was the result of genuine collective bargaining, reflecting the input of both the Union and the employer. The Commission determined that the agreement met all legislative requirements and provided fair terms and conditions for the employees. It concluded that the agreement was not only compliant with the Act but also adequately protected the employees' rights and interests. Consequently, the Commission approved the Coynes Transport Industries Maritime Motors Enterprise Agreement 2016.

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