DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers’ Union of Australia
(AG2017/5049)

COYNES TRANSPORT INDUSTRIES ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER LEE	MELBOURNE, 3 APRIL 2018

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

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

The Transport Workers’ Union of Australia lodged an application for the approval of the Coynes Transport Industries Enterprise Agreement 2016 with the Fair Work Commission (FWC). The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The FWC was tasked with determining if the agreement contained the necessary provisions, was free from prohibited content, and if it was made in good faith and without coercion.

The central legal issues before the FWC were whether the agreement complied with the mandatory terms and conditions set out in the Fair Work Act, and if it was made without any form of coercion or undue influence. The court had to assess if the agreement adequately addressed the employees' terms and conditions of employment and if it was negotiated in a manner that did not compromise the integrity of the bargaining process. The FWC also examined if the agreement included all the prescribed minimum entitlements as required by the Act.

After thorough examination, the FWC found that the Coynes Transport Industries Enterprise Agreement 2016 satisfied all statutory requirements for approval. The agreement was deemed to have been made in good faith and without any coercion, and it incorporated all the necessary minimum terms and conditions. The FWC approved the agreement, confirming that it met the legislative standards and was fit for purpose. The decision was made on the basis that the agreement appropriately reflected the negotiated terms and conditions, and provided for the employees' rights and entitlements in compliance with the Fair Work Act.

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