DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers’ Union of Australia
(AG2015/3107)

GLEN CAMERON NOMINEES PTY LTD ENTERPRISE AGREEMENT 2015-2019

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 JULY 2015

Application for approval of the Glen Cameron Nominees Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Glen Cameron Nominees Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transport Workers’ Union of Australia. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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, will operate from 10 July 2015. The nominal expiry date is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers’ Union of Australia sought approval of the Glen Cameron Nominees Pty Ltd Enterprise Agreement 2015-2019. The dispute was heard in the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement adequately protected employees’ rights and interests and if it complied with the Fair Work Act 2009. The Commission also needed to assess whether the agreement was free from any unfair content, including provisions that might disadvantage employees.

The Commission examined the enterprise agreement clause by clause, focusing on employee protections, procedural fairness, and any potential unfairness. It assessed whether the agreement allowed for proper consultation, if it included fair terms and conditions of employment, and if it provided adequate mechanisms for resolving disputes. The Commission concluded that while the agreement was comprehensive and largely fair, certain clauses could be improved to better protect employees' rights. Specifically, the Commission recommended amendments to ensure clearer and more equitable terms.

Following the review, the Commission approved the enterprise agreement with the recommended amendments. These changes aimed to enhance employee protections and ensure the agreement was free from any unfair content. The Fair Work Commission's decision highlighted the importance of balancing the interests of both employers and employees while ensuring compliance with the Fair Work Act. The final orders included the approval of the enterprise agreement with the specified amendments to address the identified issues.

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