DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zarb Road Transport Pty Ltd
(AG2016/3637)

ZARB ROAD TRANSPORT ENTERPRISE AGREEMENT 2016

Sugar industry
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2016

Application for approval of the Zarb Road Transport Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Zarb Road Transport Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zarb Road Transport Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) 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 16 August 2016. The nominal expiry date of the Agreement is 8 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Zarb Road Transport Pty Ltd, the applicant, sought approval of the Zarb Road Transport Enterprise Agreement 2016 from the Fair Work Commission (FWC). The application was made under section 234 of the Fair Work Act 2009, as the agreement had been negotiated between the employer and the employees' union, the Transport Workers Union of Australia. The nature of the dispute centred on the terms and conditions of employment within the agreement and whether it complied with the statutory requirements for approval. The FWC was tasked with determining whether the agreement met the necessary criteria for registration.

The legal issues before the FWC included whether the agreement had been genuinely bargained, whether it contained the prescribed minimum terms and conditions, and whether it was in the best interests of the employees. Additionally, the FWC had to consider whether the agreement was consistent with the overarching objectives of the Fair Work Act, including facilitating cooperative workplace relations. The FWC needed to ensure that the agreement did not undermine the protections afforded to employees and that it provided a fair and reasonable framework for the employees' rights and obligations.

In its decision, the FWC found that the Zarb Road Transport Enterprise Agreement 2016 had been genuinely negotiated and contained the minimum terms and conditions required by law. The FWC noted the comprehensive nature of the agreement and its alignment with the broader goals of the Fair Work Act. The Commission concluded that the agreement was in the best interests of the employees and did not negatively impact their rights. Consequently, the FWC approved the agreement, finding that it met all statutory requirements for registration. The decision affirmed the importance of cooperative and fair workplace agreements that protect the rights of both employers and employees.

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