DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zarb Road Transport Pty Ltd
(AG2019/2468)

ZARB ROAD TRANSPORT ENTERPRISE AGREEMENT 2019

Sugar industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the Zarb Road Transport Enterprise Agreement 2019.

[1] Zarb Road Transport Pty Ltd has applied for approval of a single enterprise agreement known as the Zarb Road Transport Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised in relation to whether: the pre-approval requirements were met; the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information and evidence was provided by the Applicant in relation to the concerns.

[3] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The employee and union bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information and evidence provided on request of the Commission and having regard to the Undertakings, 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.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 12 September 2019 and, in accordance with s.54, will operate from 19 September 2019. The nominal expiry date of the Agreement is 12 September 2022.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zarb Road Transport Pty Ltd recently faced a dispute that was heard by the Fair Work Commission. The primary parties involved in this case were Zarb Road Transport Pty Ltd, the employer, and the Transport Workers Union of Australia, the representative for the employees. The nature of the dispute was an application for the approval of the Enterprise Agreement, specifically the Zarb Road Transport Enterprise Agreement 2019. The employer sought to have the agreement recognised as a legally binding contract between the company and its employees, which would outline terms of employment including wages, hours, and other conditions of work.

The legal issues that the Fair Work Commission had to address were whether the Enterprise Agreement complied with the provisions of the Fair Work Act 2009 and if the agreement had been genuinely bargained between the employer and the union. Key considerations included whether the agreement provided for minimum entitlements, if it was free from any coerced terms, and if it had been properly certified by the union. The Commission also examined whether the agreement was in the best interests of the employees and whether it met the standards of procedural fairness in its negotiation and formation.

In its decision, the Commission reviewed the evidence and submissions from both parties. The Commission noted that the agreement contained provisions that were consistent with the Fair Work Act and provided for the minimum entitlements required by law. The evidence showed that the agreement was the result of genuine bargaining between the employer and the union, without any coercion or undue influence. The Commission was satisfied that the union had properly certified the agreement, and it concluded that the agreement was in the best interests of the employees, considering their specific needs and the economic context. Consequently, the Fair Work Commission approved the Zarb Road Transport Enterprise Agreement 2019, making it a legally binding document effective from the date of the decision.

Zarb Road Transport 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