DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers’ Union of Australia
(AG2016/666)

CANNY CARRYING COMPANY PTY LTD ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 12 MAY 2016

Application for approval of the Canny Carrying Company Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Canny Carrying Company Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2016. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Transport Workers’ Union of Australia and the Canny Carrying Company Pty Ltd. The dispute centred on the approval of the Enterprise Agreement between the parties dated 2015. The Fair Work Commission, as the relevant court, was tasked with deciding whether the agreement met the necessary legal standards for approval. The central legal issues the court had to address were whether the agreement was genuinely negotiated, provided for timely and transparent bargaining, and whether it was free from any improper conduct.

The court examined the process of negotiation and the content of the agreement to determine if it complied with the requirements set out in the Fair Work Act 2009. Specifically, the court assessed if the agreement was made in good faith, whether it was fairly and genuinely negotiated, and if it contained terms that were not contrary to public policy. Additionally, the court looked into the procedural fairness, ensuring that all parties had an opportunity to express their views and that there was no coercion or undue influence during the negotiation process.

In delivering its decision, the court found that the Enterprise Agreement met all the necessary criteria for approval. The court concluded that the agreement was genuinely negotiated between the parties, that the bargaining process was fair and transparent, and that the terms of the agreement were not contrary to public policy. The court also noted that there was no evidence of improper conduct or coercion during the negotiation process, thereby upholding the integrity of the agreement. Based on these findings, the Fair Work Commission approved the Enterprise Agreement.

The final orders of the court included the approval of the Canny Carrying Company Pty Ltd Enterprise Agreement 2015, which was to be registered with the Fair Work Commission. The court emphasised the importance of the agreement in providing a stable and fair working relationship between the Transport Workers’ Union and the Canny Carrying Company. The approval of the agreement ensures that both parties are bound by the terms outlined, thereby promoting industrial peace and avoiding potential disputes.

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