Boral Transport Ltd

[2016] FWCA 4700

[2016] FWCA 4700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Transport Ltd
(AG2016/1546)

BORAL TRANSPORT LIMITED NSW ENTERPRISE AGREEMENT 2016

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 15 JULY 2016

Application for approval of the Boral Transport Limited NSW Enterprise Agreement 2016.

[1] An application has been made by Boral Transport Ltd (the applicant) for the approval of an enterprise agreement known as the Boral Transport Limited NSW Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Transport Workers’ Union of Australia (TWU) was an employee organisation involved in the agreement making process as a bargaining representative. The TWU has filed a statutory declaration (F18) stating that it supports the approval of the Agreement and wished to be covered by the Agreement.

[3] The Agreement covers employees engaged as truck drivers and who are employed in NSW at a depot operated by Boral. The Agreement predominately covers drivers of tippers and tankers. As per the requirement under s.186(3) of the Act, I am satisfied that the group of employees to be covered by the Agreement was fairly chosen.

Better off overall test

[4] With respect to the better off overall test (BOOT) under s.186 of the Act, the terms and conditions under the Agreement are more beneficial than the Road Transport and Distribution Award 2010 and the Road Transport (Long Distance Operations) Award 2010, being the relevant reference instruments for the purposes of the BOOT, including:

1. Higher base rates of pay with increases in rates of pay over the life of the agreement;
2. Increased redundancy pay;
3. Greater annual leave loading.

Conclusion

[5] Taking into account the higher rates of pay, generous redundancy pay and increased leave loading under the Agreement when compared to the Awards, I am satisfied that the Agreement results in employees being better off under the Agreement.

[6] The TWU has stated in its F18 that it wishes to be covered by the Agreement, in accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

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

[8] The Agreement is approved. In accordance with s.54(1), the Agreement will operate 7 days from approval. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

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