Centurion Transport Company Pty Ltd

[2013] FWCA 5572

[2013] FWCA 5572

FAIR WORK COMMISSION

DECISION

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

Centurion Transport Company Pty Ltd
(AG2013/7466)

CFC CONSOLIDATED PTY LTD PERTH LONG DISTANCE DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CLOGHAN	PERTH, 9 AUGUST 2013

Application for approval of the CFC Consolidated Pty Ltd Perth Long Distance Drivers Enterprise Agreement 2013.

[1] On 10 June 2013, Centurion Transport Company Pty Ltd made application for approval of a single enterprise agreement to be known as the CFC Consolidated Pty Ltd Perth Long Distance Drivers Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 3 July 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Transport Workers Union (TWU) has declared that the TWU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the TWU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the TWU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 16 August 2013.

[8] The nominal expiry date of this Agreement is 18 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE403003  PR540048>

FAIR WORK COMMISSION

TITLE OF MATTER: Application by CFC Consolidated Pty Ltd

SECTION: s.185 – Application for approval of a single-enterprise agreement

SUBJECT: CFC Consolidated Pty Ltd Perth Long Distance Drivers Enterprise Agreement 2013

MATTER NUMBER: AG2013/7466

CFC CONSOLIDATED PTY LTD

UNDERTAKINGS

Delete or amend the following clauses in the CFC Consolidated Perth Long Distance Drivers Enterprise Agreement 2013 as follows:-

1. Contents

Delete the existing contents and insert in lieu:-

PART 1 – APPLICATION & OPERATION

1. Title

2. Application

3. Period of Operation

4. No Extra Claims

PART 2 – REMUNERATION

5. Wages

6. Superannuation

7. Overnight Provisions

PART 3 – EMPLOYMENT ARRANGEMENTS

8. Contract of Service

9. Termination of Employment

10. Redundancy

11. Company Policies

12. Fitness for Work

13. License & Fines

PART 4 – HOURS OF WORK & RELATED MATTERS

14. Hours of Work

15. Uniforms

PART 5 – LEAVE PROVISIONS

16. Annual Leave

17. Personal/Carer’s Leave

18. Compassionate Leave

19. Community Service Leave

20. Public Holidays

21. Long Service Leave

22. Unpaid Parental Leave

PART 6 – CONSULTATION & ISSUE RESOLUTION

23. Consultation Regarding Major Workplace Change

24. Individual Flexibility

25. Dispute Settlement Procedure

26. Confidentiality of Information

27. Health and Safety

28. Miscellaneous

SCHEDULE A

SIGNATURES

2. Clause 5 – Wages

In Clause 5.3, add the following at the end of Clause 5.3:

Wages shall be paid on a day fixed by the employer and may only be altered after 1 months notice.

3. Clause 7 – Overnight Provisions

In Clause 7.1, delete $80.00 per night and insert in lieu $82.50 per night.

4. Clause 8 – Contract of Service

In Clause 8.3 add the following at the end of Clause 8.3:

A casual employee shall be paid for a minimum arrangement of 8 hours in a day.

5. Clause 9 – Termination of Employment

Delete Clause 9.7 and insert in lieu:

9.7 This clause does not operate so as to prevent an employee and the Company from agreeing to accept a greater notice period when either the employee or Company terminates the employment or a lesser amount of notice when the employee terminates the contract.

6. Clause 10 – Redundancy

Add the following new clauses:

10.2 Employee Leaving During Notice Period

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

10.3 Job Search Entitlement

(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c) This entitlement applies instead of Clause 9.5.

7. Clause 14 – Hours of Work & Rostering

Add the following new Clause 14.6:

14.6 Employees shall be notified in advance of the starting time of the journey.

8. Clause 15 - Uniforms

Delete Clause 15.1 and insert in lieu:-

15.1 All employees bound by this agreement will be supplied with Company uniforms. Maintenance of such uniforms is the employees responsibility at all times. The employee will be supplied with one(1) pair of safety boots per annum or reimburse to a maximum of $120.00 per pair, per year, plus 10% GST on presentation of a receipt of purchase.

9. Clause 17 – Personal/Carers Leave

9.1 In Clause 17.2 delete 1.4515 and insert in lieu 1.4615.

9.2 In Clause 17.11 delete the words “and part-time”.

10. Clause 20 – Public Holiday

10.1 In Clause 20.1 delete “Foundation Day” and replace it with Western Australia Day.

10.2 Add the following new clause 20.5.

20.5 Where an employee woks on Good Friday or Christmas Day they shall have 1.5 days added to their annual leave entitlement.

11. Clause 22 – Unpaid Parental Leave

Delete Clause 22.4.

12. Clause 28 – Miscellaneous

12.1 In Clause 28.2 – Training, add the following at the end of Clause 28.2:

Where training is undertaken the employee shall not suffer a reduction in payment for ordinary hours and shall be reimbursed for any reasonable costs incurred upon production of receipts.

12.2 Add the following new Clause 28.8

28.8 Access to the Agreement & NES

A copy of this Agreement and the NES shall be made available by the Company upon request from an employee.

13. Schedule A

Delete the existing Schedule and replace it with the following

Schedule A

Rates of Pay – Perth Long Distance Drivers

Hourly Rate	$28.75 per hour – flat rate inclusive of work undertaken on Saturday and Sunday.
Superannuation	9.25% Superannuation will be paid on your OTE.
Overnight Allowance	$82.50 per night when travelling away from Perth depot. In exceptional circumstances employees may, upon production of receipts, lodge a claim for a higher allowance.