Deplin Pty Ltd as Trustee for the S.M Skinner Discretionary Trust T/A Team Transport and Logistics

[2019] FWCA 8637

[2019] FWCA 8637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Deplin Pty Ltd as Trustee for the S.M Skinner Discretionary Trust T/A Team Transport and Logistics
(AG2019/4016)

TEAM TRANSPORT & LOGISTICS ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 20 DECEMBER 2019

Application for approval of the Team Transport & Logistics Enterprise Agreement 2019.

[1] Deplin Pty Ltd has applied for approval of a single enterprise agreement known as the Team Transport and Logistics Enterprise Agreement 2019 (the Agreement).

[2] The notice of employee representational rights issued to employees was not in the prescribed form. I am satisfied the error was minor and procedural in nature and that the error is not likely to have disadvantaged any employee in relation to the agreement-making process.

[3] The Agreement contains a typographical error in clause 18. Deplin seeks that the error be corrected under section 586 of the Act. I am satisfied that it is appropriate in the circumstances to make the correction. The words “clause 12” in clause 18.1(a) of the Agreement are substituted with the words “clause 17”.

[4] Undertakings have been given to address concerns in relation to whether the Agreement passes the better off overall test and in relation to annual leave for shift workers. The undertakings are supported by bargaining representatives for the Agreement. A copy of the undertakings is attached in Annexure A. With the undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application are met.

[5] The consultation term does not provide for consultation about changes to regular rosters or ordinary hours of work. The model consultation term is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2019. The nominal expiry date of the Agreement is 19 December 2023.

COMMISSIONER

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Annexure A