DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transport Workers' Union of Australia
(AG2015/1022)

PETER STOITSE TRANSPORT (TATURA) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 2 JUNE 2015

Application for approval of the Peter Stoitse Transport (Tatura) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Peter Stoitse Transport (Tatura) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transport Workers’ Union of Australia (TWU). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 4 May 2015.

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

[4] The TWU 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, will operate from 9 June 2015. The nominal expiry date is 30 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Transport Workers' Union of Australia made an application to the Fair Work Commission seeking approval of the Peter Stoitse Transport (Tatura) Enterprise Agreement 2014. The dispute arose out of negotiations between the union and the employer, Peter Stoitse Transport, concerning the terms and conditions of employment for workers within the enterprise. The application was brought before the Fair Work Commission, which has jurisdiction to approve, reject, or seek further information about enterprise agreements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the provisions of the Fair Work Act. The Commission also needed to determine if the agreement had been made in good faith and if it had been properly negotiated. Additionally, the Commission was required to consider the impact of the agreement on the employees and the employer, and whether it met the public interest test.

The Commission undertook a detailed analysis of the agreement, examining each clause and its implications for the parties involved. It considered the bargaining power of the parties, the nature of the industry, and the terms and conditions proposed in the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it had been made in good faith and properly negotiated. The Commission was satisfied that the agreement met the public interest test and would not have an adverse effect on the employees or the employer. The Commission concluded that the agreement should be approved, as it met all the statutory requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Peter Stoitse Transport (Tatura) Enterprise Agreement 2014, finding that it met all the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that it had been made in good faith and properly negotiated. The Commission was satisfied that the agreement met the public interest test and would not have an adverse effect on the employees or the employer. The approval of the agreement means that it will now be binding on the parties and will govern the terms and conditions of employment for the workers within the enterprise.

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