DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wadjemup Unit Trust Pty Ltd T/A Rottnest Express
(AG2015/7546)

ROTTNEST EXPRESS ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non-rail) industry
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2016

Application for approval of the Rottnest Express Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rottnest Express Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wadjemup Unit Trust Pty Ltd T/A Rottnest Express. 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] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Wadjemup Unit Trust trading as Rottnest Express, which sought approval for the Rottnest Express Enterprise Agreement 2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009. The dispute centred on the procedural fairness of the agreement, particularly regarding the consultation process with the employees, and whether the agreement was made in good faith. The legal issues revolved around the obligations of the employer to consult with employees and whether there was adequate consultation in this instance. The Commission had to consider the principles of procedural fairness, the content of the agreement, and the employer's compliance with the statutory requirements.

The Commission examined the evidence regarding the consultation process and the employer's actions. It was found that while the employer had engaged in some consultation, it was not sufficient to meet the statutory obligations under the Act. The Commission held that the employer had not acted in good faith and that the consultation process was deficient. The employer's failure to provide adequate information and opportunities for employees to provide input resulted in a breach of the procedural fairness requirements. Consequently, the Commission did not approve the enterprise agreement due to the procedural shortcomings.

The Fair Work Commission's decision highlighted the importance of thorough and meaningful consultation in the enterprise agreement process. The employer's failure to provide adequate information and opportunities for employee input led to the rejection of the agreement. The decision underscored the need for employers to comply with their obligations to consult with employees in good faith and ensure that the process is fair and transparent. The Commission's ruling emphasised the critical role of procedural fairness in the formation of enterprise agreements and the consequences of failing to meet these requirements.

Wadjemup Unit Trust Pty Ltd T/A Rottnest Express

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established