Border Express Pty Ltd
[2021] FWCA 6167
•8 OCTOBER 2021
| [2021] FWCA 6167 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Border Express Pty Ltd
(AG2021/7557)
Border Express Pty Ltd Transport Employees Melbourne Sites Enterprise Agreement 2021
| Road transport industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 8 OCTOBER 2021 |
Application for approval of the Border Express Pty Ltd Transport Employees Melbourne Sites Enterprise Agreement 2021
Border Express Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Border Express Pty Ltd Transport Employees Melbourne Sites Enterprise Agreement 2021 (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.
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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application (and accompanying declaration), I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
Clause 3.12 – Household member.
Clause 24.2 – Deduction.
Clause 25.3 – Termination.
Clause 30.3 – Annual leave.
However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.
The Agreement was approved on 8 October 2021 and, in accordance with s. 54, will operate from 15 October 2021. The nominal expiry date of the Agreement is 8 October 2025.
COMMISSIONER
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Annexure A
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