Transport Workers' Union of Australia

[2013] FWCA 1219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Transport Workers' Union of Australia
(AG2013/5055)

CHALMERS BROOKLYN ENTERPRISE AGREEMENT (VICTORIA) 2012

Road transport industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 21 FEBRUARY 2013

Application for approval of the Chalmers Brooklyn Enterprise Agreement (Victoria) 2012.

[1] An application has been made for approval of an enterprise agreement known as the Chalmers Brooklyn Enterprise Agreement (Victoria) 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

[5] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, 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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia applied to the Fair Work Commission for the approval of the Chalmers Brooklyn Enterprise Agreement (Victoria) 2012. The agreement was submitted for consideration under the provisions of the Fair Work Act 2009, seeking to be registered as a registered agreement. The dispute centred around whether the agreement met the legal criteria for approval, specifically regarding the provisions concerning the terms and conditions of employment, including wages, working hours, and other conditions of employment for the employees covered by the agreement.

The court had to determine whether the agreement was sufficiently in the interests of the employees it covered and whether it complied with the relevant provisions of the Fair Work Act. This involved examining the negotiation process, the fairness of the terms, and whether the agreement provided a safety net for employees. The court also had to consider whether the agreement met the requirements for "better off overall" and whether it was free from any elements that could be considered prejudicial to employees.

The court found that the agreement met the necessary criteria for approval. It concluded that the agreement was fairly negotiated, provided a safety net for employees, and was better off overall for the employees covered by the agreement. The court also determined that the agreement was free from any prejudicial elements and complied with all relevant provisions of the Fair Work Act. Consequently, the court approved the Chalmers Brooklyn Enterprise Agreement (Victoria) 2012, and it was registered as a registered agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established