Gunnedah Basin Haulage Pty Ltd

[2023] FWCA 1995

[2023] FWCA 1995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gunnedah Basin Haulage Pty Ltd

(AG2023/1866)

GUNNEDAH BASIN HAULAGE ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER CRAWFORD	SYDNEY, 30 JUNE 2023

Application for approval of the Gunnedah Basin Haulage Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Gunnedah Basin Haulage Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gunnedah Basin Haulage Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES, based on the undertaking provided by the Applicant. I consider the following provisions in the Agreement will be addressed by that undertaking:

(i)Clause 6.2(d)(ii) which purports to exclude casual employees from some NES entitlements.

(ii)Clause 14.5(c) which may have excluded NES notice entitlements in relation to a dismissal arising from abandonment of employment.

(iii)Clause 19 does not identify pregnancy as a ground for making a request for flexible working arrangements.

1. I am satisfied that the undertaking provided by the Applicant concerning the operation of clause 7.2(c) ensures the provision operates with sufficient clarity to satisfy the BOOT.

1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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