Border Express Pty Ltd T/A Border Express

[2016] FWCA 2913

[2016] FWCA 2913

FAIR WORK COMMISSION

DECISION

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

Border Express Pty Ltd T/A Border Express
(AG2016/2777)

BORDER EXPRESS PTY LTD TRANSPORT EMPLOYEES ACT ENTERPRISE AGREEMENT 2016 - 2020

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 16 MAY 2016

Border Express Pty Ltd Transport Employees ACT Enterprise Agreement 2016 - 2020.

[1] An application has been made by Border Express Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Border Express Pty Ltd Transport Employees ACT Enterprise Agreement 2016 – 2020 (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 Agreement covers employees previously employed under an expired enterprise agreement being the Border Express Pty Ltd Transport Employees ACT Enterprise Agreement 2012 - 2016. The Agreement does not cover employees working in clerical or managerial positions. 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.

[3] The application Form F16 nominated Mr Robert Roe and Mr Robert Zilinskas as employee bargaining representatives. Both Mr Roe and Mr Zilinskas have filed Form F18A statutory declarations in support of the approval of the Agreement.

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, being the relevant reference instrument for the purposes of the BOOT, including higher base rates of pay with increases in rates of pay over the life of the Agreement.

Conclusion

[5] Taking into account the higher rates of pay under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[6] 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.

[7] 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 16 May 2020.

DEPUTY PRESIDENT

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