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
(AG2015/1610)

TEAM TRANSPORT & LOGISTICS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 FEBRUARY 2015

Application for approval of the Team Transport & Logistics Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Team Transport & Logistics Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Deplin Pty Ltd as Trustee for the S.M. Skinner Discretionary Trust T/A Team Transport and Logistics (the Company). The agreement is a single-enterprise agreement.

[2] On 30 January 2015 undertakings were provided by Ms B Skinner, Human Resources Manager of the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2015. The nominal expiry date of the Agreement is 2 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE412469 PR560647>
Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Deplin Pty Ltd, as trustee for the S.M. Skinner Discretionary Trust trading as Team Transport and Logistics, sought approval of the Team Transport & Logistics Enterprise Agreement 2014. The applicants were represented by Mr M. Davies, and the respondents, including the Transport Workers Union of Australia, were represented by Mr A. Smith. The primary dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement met the criteria for being "covered" by the Fair Work Act, specifically whether it contained terms that were "substantially the same" as those in an existing certified agreement. The Commission also had to determine if the agreement provided for the protection of employee interests, including fair rates of pay and reasonable working conditions. Furthermore, the fairness of the agreement in terms of its impact on employees, both individually and collectively, was a key consideration.

The Commission carefully reviewed the provisions of the proposed agreement, noting that while it contained many of the same terms as the existing agreement, there were variations that needed to be addressed. The Commission found that the majority of the terms were substantially the same, but certain provisions regarding leave entitlements and shift patterns required clarification to ensure they did not adversely affect employee rights. After hearing submissions from both parties, the Commission concluded that the agreement, with the necessary amendments, was fair and met the requirements of the Act. The Commission approved the agreement subject to these modifications, ensuring that it would adequately protect the interests of the employees.

The final orders included the approval of the Team Transport & Logistics Enterprise Agreement 2014, with specific amendments to the leave and shift pattern provisions. These changes were intended to maintain the balance between the rights of the employer and the protections for the employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established