DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Villacare Pty Ltd T/A Redstar Transport
(AG2014/10144)

REDSTAR TRANSPORT & TWU ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 DECEMBER 2014

Application for approval of the Redstar Transport & TWU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Redstar Transport & TWU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Villacare Pty Ltd T/A Redstar Transport. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Villacare Pty Ltd, trading as Redstar Transport, brought an application before the Fair Work Commission to approve the Redstar Transport & TWU Enterprise Agreement 2014. The Transport Workers Union (TWU) sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary requirements for approval and registration, including whether it complied with the good faith bargaining provisions and other statutory criteria.

The central legal issues before the Commission were whether the agreement had been genuinely negotiated between the parties and whether it met the statutory requirements for approval. Specifically, the Commission needed to determine if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it complied with any relevant laws and regulations. The Commission also considered whether the agreement was fair and reasonable in all its terms and if it provided for the proper regulation of workplace relations.

The Commission found that the agreement had been genuinely negotiated in good faith and contained the necessary minimum terms and conditions. The Commission also found that the agreement was fair and reasonable in all its terms and provided for the proper regulation of workplace relations. The Commission noted that the agreement contained provisions for the proper operation of the transport business and provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement met all the necessary statutory requirements for approval and registration.

Accordingly, the Commission approved the Redstar Transport & TWU Enterprise Agreement 2014 and registered it under the Fair Work Act 2009. The agreement is now legally binding on the parties and provides for the regulation of workplace relations between Villacare Pty Ltd, trading as Redstar Transport, and the TWU.

Villacare Pty Ltd T/A Redstar Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established