Transport Workers’ Union of Australia Summary

[2013] FWCA 2711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers’ Union of Australia
(AG2013/6168)

COYNES TRANSPORT INDUSTRIES ENTERPRISE AGREEMENT (VICTORIA) 2013

Road transport industry
COMMISSIONER CRIBB	MELBOURNE, 2 MAY 2013

Application for approval of the Coynes Transport Industries Enterprise Agreement (Victoria) 2013.

[1] An application has been made for approval of an enterprise agreement known as the Coynes Transport Industries Enterprise Agreement (Victoria) 2013 (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 Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 2 May 2013 and, in accordance with s.54 of the Act, will operate from 9 May 2013. The nominal expiry date of the Agreement is 1 December 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Transport Workers' Union of Australia lodged an application for the approval of the Coynes Transport Industries Enterprise Agreement (Victoria) 2013. The applicant union sought approval of the proposed agreement which outlined the terms and conditions of employment for workers employed by Coynes Transport Industries. The dispute centred on whether the agreement provided for the fair remuneration and conditions of employment, in line with the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, specifically whether it provided for fair remuneration and conditions of employment, and if it complied with the procedural requirements for the approval of enterprise agreements. The Commission also needed to determine if the agreement contained any terms that might unfairly discriminate against certain employees or be contrary to public policy.

The Commission found that the proposed agreement did meet the requirements of the Fair Work Act. It provided for fair remuneration and conditions of employment, and complied with the procedural requirements for the approval of enterprise agreements. The Commission also determined that the agreement did not contain any terms that unfairly discriminated against certain employees or were contrary to public policy. The Commission approved the Coynes Transport Industries Enterprise Agreement (Victoria) 2013.

The Commission made an order approving the Coynes Transport Industries Enterprise Agreement (Victoria) 2013, which came into effect from the date of the decision. The agreement is to be registered by the parties in accordance with the requirements of the Fair Work Act. The Commission also ordered that the agreement be published on the Fair Work Commission's website.

Transport Workers’ Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established