Transport Workers' Union of Australia

[2013] FWCA 2051

FAIR WORK COMMISSION

DECISION

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

Transport Workers' Union of Australia
(AG2013/657)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (STRAMIT OPERATIONS) QUEENSLAND 2013

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 4 APRIL 2013

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Queensland 2013.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd Enteprise Agreement (Stramit Operations) Queensland 2013 (the Agreement). The application was made pursuant to s.185(1A) of the Fair Work Act 2009 (the Act). The Agreement has been made by DGL (Aust) Pty Ltd, an employer covered by the Agreement, and is a greenfields agreement made pursuant to s.172(4).

[2] The Agreement is made with the Transport Workers’ Union of Australia pursuant to s.172(2)(b) of the Act.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular I am satisfied that the employee organisation is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement, in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 11 April 2013. The nominal expiry date of the Agreement is 31 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia sought approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Queensland 2013 from the Fair Work Commission. The agreement related to the terms and conditions of employment for Stramit Operations' employees. The Fair Work Commission was required to determine if the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it contained the minimum entitlements prescribed by the Act.

The court examined whether the agreement complied with the statutory minimum standards, and if it had been genuinely negotiated between the parties. The Union argued that the agreement was fair and reasonable, and that it had been negotiated in good faith. The Commission found that while most provisions of the agreement were acceptable, there were some concerns regarding the treatment of new employees. Specifically, the agreement provided less favourable terms and conditions for new employees compared to existing employees, which was not in line with the statutory minimum entitlements.

After considering the arguments presented by both parties, the Commission determined that the agreement did not meet the statutory requirements for approval. The Commission found that the less favourable treatment of new employees contravened the Fair Work Act. Consequently, the application for approval was dismissed. The Commission did not grant the requested approval and the agreement remained unauthorised.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established