Transport Workers’ Union of Australia

[2013] FWCA 2708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers’ Union of Australia
(AG2013/6173)

COYNES TRANSPORT INDUSTRIES (MARITIME MOTORS) ENTERPRISE AGREEMENT (VICTORIA) 2013

Road transport industry
COMMISSIONER CRIBB	MELBOURNE, 2 MAY 2013

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

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

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for the approval of the Coynes Transport Industries (Maritime Motors) Enterprise Agreement (Victoria) 2013, the Transport Workers’ Union of Australia sought approval of the agreement from the Fair Work Commission. The agreement aimed to govern the employment terms and conditions of the union's members working for Coynes Transport Industries. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to the requirements for fair and reasonable terms, and whether it appropriately covered the relevant employees. The union argued that the agreement was fair and reasonable and covered all relevant employees, while Coynes Transport Industries raised objections, contending that certain terms were not fair and reasonable and that the agreement did not appropriately cover the employees.

In reaching its decision, the Fair Work Commission carefully examined the terms of the enterprise agreement and the submissions from both parties. The Commission concluded that the agreement was fair and reasonable, taking into account the context of the industry and the bargaining positions of the parties. The Commission also found that the agreement appropriately covered all relevant employees and met the statutory requirements for approval. Consequently, the Fair Work Commission approved the Coynes Transport Industries (Maritime Motors) Enterprise Agreement (Victoria) 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established