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

Annexure A

CaseChat Overview and Summary

Epping Transport Pty Ltd, a transport and logistics company, sought approval from the Fair Work Commission (FWC) for the Epping Transport Pty Ltd Delivery Drivers Agreement 2019-2022. The dispute arose as the proposed agreement, which was intended to cover the drivers employed by Epping Transport, required formal approval by the FWC before it could be registered and enforced. The drivers, represented by their union, contested the proposed agreement, arguing that it did not adequately protect their rights and conditions of employment.

The primary legal issues before the FWC were whether the proposed agreement met the requirements of the Fair Work Act 2009 (Cth) and whether it provided fair and reasonable terms and conditions for the drivers. This included assessing the agreement against the Fair Work (Registered Organisations) Act 2009 (Cth) and the Fair Work (Transitional Provisions) Act 2009 (Cth). The FWC had to consider whether the agreement was in the best interests of the drivers, whether it provided for appropriate mechanisms for the resolution of disputes, and whether it complied with the procedural requirements set out in the Fair Work Act 2009.

The FWC found that the proposed agreement met the legislative requirements and provided fair and reasonable terms and conditions for the drivers. The commission noted that the agreement included provisions for minimum wages, penalty rates, and leave entitlements that were consistent with the applicable awards and industry standards. The FWC also found that the agreement provided for appropriate mechanisms for the resolution of disputes, including the ability for drivers to seek assistance from their union and the availability of conciliation and arbitration through the FWC. Based on these findings, the FWC approved the proposed agreement, which is now legally enforceable.

The FWC issued an order approving the Epping Transport Pty Ltd Delivery Drivers Agreement 2019-2022. The order is effective from the date of the decision and will remain in force until the end of the agreement period. The union representing the drivers has the right to appeal the decision to the Federal Court of Australia within 21 days of the FWC's decision.

Epping Transport Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established