Border Express Pty Ltd

[2019] FWCA 4030

[2019] FWCA 4030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Border Express Pty Ltd
(AG2019/1036)

BORDER EXPRESS PTY LTD TRANSPORT EMPLOYEES WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2019 - 2023

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 JUNE 2019

Application for approval of the Border Express Pty Ltd Transport Employees Western Australia Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Border Express Pty Ltd Transport Employees Western Australia Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Border Express 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 30.5 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 30.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Transport Workers’ Union of Australia 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 was approved on 12 June 2019 and, in accordance with s.54, will operate from 19 June 2019. The nominal expiry date of the Agreement is 12 June 2023.

COMMISSIONER

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<AE503859  PR709216>

Annexure A