DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warners Transport & Distribution Pty Ltd
(AG2018/1646)

WARNERS TRANSPORT & DISTRIBUTION PTY LTD ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 OCTOBER 2018

Application for approval of the Warners Transport & Distribution Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Warners Transport & Distribution Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warners Transport & Distribution Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 9 October 2018. The nominal expiry date of the Agreement is 2 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Warners Transport & Distribution Pty Ltd recently appeared before the Fair Work Commission, which was asked to approve an enterprise agreement made between the company and its employees. The agreement, dated 2018, was submitted for endorsement by the company, and the dispute was over whether the agreement met the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was made in good faith, whether it complied with the procedural requirements, and whether it provided for fair terms and conditions of employment.

The Commission began by examining whether the agreement was made in good faith, considering the process through which it was negotiated. It was noted that the negotiations involved multiple rounds of discussions and the participation of representatives from both the company and the employees. The Commission was satisfied that the process was conducted in a manner that demonstrated genuine bargaining, and therefore found that the agreement was made in good faith. The Commission also assessed whether the agreement complied with all the procedural requirements of the Fair Work Act, including the provision of relevant information and the opportunity for employees to discuss the terms. After a thorough review, the Commission concluded that the agreement met all necessary procedural standards.

Having determined that the agreement was made in good faith and complied with the necessary procedures, the Commission turned to the substantive terms of the agreement. It examined whether the terms were fair and reasonable, taking into account the principles of enterprise bargaining set out in the Fair Work Act. The Commission considered the nature of the industry, the economic circumstances, and the bargaining positions of the parties. It was found that the terms of the agreement were equitable and provided a balanced outcome for both the company and its employees. Thus, the Commission approved the enterprise agreement.

The Commission's final order was to approve the Warners Transport & Distribution Pty Ltd Enterprise Agreement 2018, recognising it as a registered agreement under the Fair Work Act. This decision ensures that the terms of the agreement will be binding on the parties and will govern the employment conditions of the employees involved.

Warners Transport & Distribution 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