West Coast Transport Pty Ltd as trustee for the West Coast Transport Unit Trust T/A De Bruyn’s Transport

[2014] FWCA 7898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Coast Transport Pty Ltd as trustee for the West Coast Transport Unit Trust T/A De Bruyn’s Transport
(AG2014/6974)

DE BRUYN TRANSPORT - CUSTOMER SERVICE REPRESENTATIVES - ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	HOBART, 7 NOVEMBER 2014

Application for approval of the De Bruyn Transport - Customer Service Representatives - Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the De Bruyn Transport - Customer Service Representatives - Enterprise Agreement 2014 (the Agreement). The application was made by West Coast Transport Pty Ltd as trustee for the West Coast Transport Unit Trust T/A De Bruyn’s Transport pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, 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.

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

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 14 November 2014. The nominal expiry date of the Agreement is 6 November 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

West Coast Transport Pty Ltd as trustee for the West Coast Transport Unit Trust trading as De Bruyn’s Transport applied to the Fair Work Commission for approval of an enterprise agreement. The applicant, an employer in the road transport industry, had reached an agreement with the Transport Workers Union of Australia, the union representing its employees. The dispute concerned the terms and conditions of employment of the union's members, who were classified as customer service representatives. The application was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement met the procedural fairness requirements, including whether it was made in good faith and if the process of making the agreement was fair. The Commission also needed to determine if the agreement was in the best interests of the employees and if it contained all the mandated minimum terms and conditions.

The Fair Work Commission found that the application met the procedural fairness requirements, as the agreement was made in good faith and the process was fair. The Commission noted that the employer had consulted with the union and provided them with all necessary information to facilitate a meaningful negotiation process. Regarding the substantive fairness of the agreement, the Commission considered the employees' interests and concluded that the agreement was in their best interests. The Commission also confirmed that the agreement contained all the mandated minimum terms and conditions. Consequently, the Commission approved the De Bruyn Transport - Customer Service Representatives - Enterprise Agreement 2014.

The Fair Work Commission approved the De Bruyn Transport - Customer Service Representatives - Enterprise Agreement 2014, finding it met the procedural fairness requirements and was in the best interests of the employees. The Commission's approval was based on the employer's good faith in the negotiation process and the agreement's compliance with all mandated minimum terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established