Epping Transport Pty Ltd

[2019] FWCA 7294

[2019] FWCA 7294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epping Transport Pty Ltd
(AG2019/3235)

EPPING TRANSPORT PTY. LTD. DELIVERY DRIVERS AGREEMENT 2019-2022

Road transport industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 OCTOBER 2019

Application for approval of the Epping Transport Pty. Ltd. Delivery Drivers Agreement 2019-2022.

[1] Epping Transport Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Epping Transport Pty. Ltd. Delivery Drivers Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that clauses 9.4, 23, 23.8, 24.1.5 and 35.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 22 October 2019 and, in accordance with s 54, will operate from 29 October 2019. The nominal expiry date of the Agreement is 22 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A