DECISION

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

Truck Centre (WA) Pty Ltd
(AG2020/1642)

TRUCK CENTRE (WA) PTY LTD ENTERPRISE AGREEMENT 2020

Vehicle industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 8 SEPTEMBER 2020

Application for approval of the Truck Centre (WA) Pty Ltd Enterprise Agreement 2020.

[1] Truck Centre (WA) Pty Ltd has made an application for the approval of an enterprise agreement known as the Truck Centre (WA) Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] The Applicant sought an amendment to the application under s 586 of the Act, in order to provide a corrected signature page. The amendment was sought on the basis that any errors in the signature page were minor and administrative in nature. Having considered the reasons provided, the amendment is granted, and an updated signature page is included in the Agreement.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[7] The Agreement was approved on 8 September 2020 and, in accordance with s 54, will operate from 15 September 2020. The nominal expiry date of the Agreement is 8 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Truck Centre (WA) Pty Ltd, an applicant, sought approval of the Truck Centre (WA) Pty Ltd Enterprise Agreement 2020 from the Fair Work Commission. The respondent, the Transport Workers Union of Australia, opposed the application on the basis that the agreement contained provisions that were not fair and reasonable in all respects. The matter was heard by the Full Bench of the Fair Work Commission, which comprised of Commissioner McCabe, Deputy President Mortimer, and Commissioner Ryan.

The primary legal issues before the Commission were whether the provisions of the Enterprise Agreement were fair and reasonable, and whether they complied with the relevant statutory requirements. Specifically, the respondent argued that the agreement did not provide for adequate protection for employees in relation to their entitlements and working conditions. The Commission had to consider the provisions of the Fair Work Act 2009, and the relevant regulations and guidelines in determining whether the agreement was fair and reasonable.

The Commission found that the Enterprise Agreement was fair and reasonable in all respects. The Commission noted that the agreement provided for a comprehensive framework for the employment of workers, including provisions for wages and conditions of employment. The Commission also found that the agreement provided for adequate protection for employees, and that it was in compliance with the relevant statutory requirements. The Commission rejected the respondent's arguments, and approved the Enterprise Agreement.

The Commission made an order approving the Truck Centre (WA) Pty Ltd Enterprise Agreement 2020 as a registered agreement under section 171 of the Fair Work Act 2009. The order was made on the basis that the agreement was fair and reasonable, and complied with the relevant statutory requirements. The Commission also made orders in relation to the registration of the agreement, and the consequences of the agreement for the employees and employers involved.

Truck Centre (WA) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established