Flemington Fields Pty Ltd T/A GKR Transport

[2019] FWCA 4238

[2019] FWCA 4238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flemington Fields Pty Ltd T/A GKR Transport
(AG2019/1251)

TRANSPORT WORKERS UNION OF WESTERN AUSTRALIA AND GKR TRANSPORT LINEHAUL COLLECTIVE AGREEMENT 2018

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 19 JUNE 2019

Application for approval of the Transport Workers Union of Western Australia and GKR Transport Linehaul Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Transport Workers Union of Western Australia and GKR Transport Linehaul Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Flemington Filds Pty Ltd T/A GKR Transport. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 May 2019.

[3] On 24 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 6 June 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  Despite clause 3.3 of the Agreement, no Grade 5 drivers will be used for interstate line haul work.

•  Pickup and/or delivery work undertaken whilst in another depot will be paid as an addition to trip rates.

•  Despite clause 3.1 of the Agreement no driver will be asked to work hours in excess of that permitted by the Basic Fatigue Management or Commercial Code of Practice for Fatigue Management Regulations.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The Agreement specifies two dates on which the Agreement will expire, three years or the nominated date of 9 April 2022. In accordance with the doctrine lex specialis, the specific will override the general and the nominal expiry date is 9 April 2022.

COMMISSIONER

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