DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wadjemup Unit Trust Pty Ltd T/A Rottnest Express
(AG2021/5029)

ROTTNEST EXPRESS ENTERPRISE AGREEMENT 2021

Clerical industry
COMMISSIONER PLATT	ADELAIDE, 24 MAY 2021

Application for approval of the Rottnest Express Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Rottnest Express Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wadjemup Unit Trust Pty Ltd T/A Rottnest Express (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 May 2021.

[3] On 17 May 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 20 May 2021. The undertaking deals with the following topics:

• Clause 20.1 of the Agreement will be interpreted to include all prescribed Public Holidays as gazetted in any calendar year by the Western Australian Government.

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• No shiftworkers will be employed under the Agreement for the length of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 24 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in Wadjemup Unit Trust Pty Ltd T/A Rottnest Express concerned an application for the approval of the Rottnest Express Enterprise Agreement 2021. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009. The applicant, Wadjemup Unit Trust, sought approval for the agreement which was negotiated with the employees represented by a union. The dispute centred on the provisions within the agreement and whether they complied with the legislative requirements.

The primary legal issues before the Commission were whether the agreement provided for the minimum terms and conditions as required by the Fair Work Act, and whether the process by which the agreement was negotiated and made was procedurally fair. Specifically, the Commission needed to assess if the agreement met the criteria for a "low paid" agreement, which has less stringent requirements, or if it qualified as a "registered" agreement, which has higher standards. Additionally, the Commission examined whether the agreement was genuinely negotiated and whether the parties had acted in good faith throughout the negotiation process.

In its decision, the Fair Work Commission determined that the Rottnest Express Enterprise Agreement 2021 met the necessary criteria for approval. The Commission found that the agreement provided for the minimum terms and conditions, and that the process of negotiation was procedurally fair. The Commission also concluded that the agreement was genuinely negotiated and that the parties had acted in good faith. Consequently, the Commission approved the agreement, finding it to be in compliance with the legislative requirements.

The Commission's final order was that the Rottnest Express Enterprise Agreement 2021 be approved and registered under the Fair Work Act 2009. This approval ensures that the agreement will now govern the employment conditions of the relevant employees, subject to the terms and protections outlined in the Fair Work Act.

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