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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Deplin Pty Ltd as Trustee for the S.M Skinner Discretionary Trust trading as Team Transport and Logistics, the applicant, who sought approval of the Team Transport & Logistics Enterprise Agreement 2019. The applicant's request was contested by the Transport Workers Union of Australia, the respondent, which argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the mandatory terms as outlined in the Fair Work Act and whether it had been fairly negotiated. Specifically, the Commission had to consider whether the agreement met the criteria for approval under section 232 of the Act, including whether it provided for the minimum entitlements of employees and whether it was negotiated in good faith.

The Commission found that the agreement did provide for the mandatory terms and had been fairly negotiated. In reaching this decision, the Commission considered the evidence provided by both parties, including the negotiation process and the terms of the agreement. The Commission noted that the agreement provided for minimum wages and conditions of employment, as well as provisions for dispute resolution and the protection of employee rights. The Commission also found that the negotiation process was conducted in good faith, with both parties making concessions and reaching agreement on key issues. As a result, the Commission approved the Team Transport & Logistics Enterprise Agreement 2019.

The Commission's decision was based on a careful consideration of the evidence and the requirements of the Fair Work Act. The Commission found that the agreement met the criteria for approval and was in the best interests of the employees covered by the agreement. The Commission's approval of the agreement ensures that the employees of Team Transport and Logistics will continue to be protected by fair and reasonable terms of employment.

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