Hillman's Transport Pty Ltd

[2014] FWCA 9425

[2014] FWCA 9425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hillman's Transport Pty Ltd
(AG2014/9587)

HILLMAN’S TRANSPORT EMPLOYEE COLLECTIVE AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 23 DECEMBER 2014

Application for approval of the Hillman's Transport Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement to be known as the Hillman's Transport Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hillman’s Transport Pty Ltd (the company). The agreement is a single-enterprise agreement.

[2] Initially the Transport Workers’ Union of Australia (TWU) provided a Form F18 indicating that it opposed approval of the Agreement and set out several areas of concern. A telephone conference with the parties was held on 11 November 2014 and a process was agreed for an exchange of material. The parties were also provided with a copy of a synopsis and advice which I had requested from the Enterprise Agreements Unit within the Fair Work Commission.

[3] The TWU has now provided a replacement Form F18 in which it indicates support for approval of the Agreement subject to my acceptance of certain undertakings from the company and the inclusion of the model flexibility, consultation and dispute resolution clauses in the Agreement.

[4] The company’s undertakings referred to in the previous paragraph concern the interaction between the National Employment Standards and various clauses of the Agreement as well as the incorporation of the terms of the Road Transport and Distribution Award 2010 into the Agreement.

[5] In accepting the undertakings I have accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

[6] The Agreement does contain a flexibility term, however, it is not a flexibility term that fully complies with s202 of the Act. Consequently the model flexibility term is taken to be a term of the Agreement.

[7] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[8] The Agreement does contain a dispute resolution term, however, the parties have agreed that the model dispute resolution term is to taken to be a term of the Agreement.

[9] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[10] In accordance with s.201(2) I note that the Agreement covers the TWU.

[11] The Agreement is approved and, in accordance with s.54, will operate from 30 December 2014. The nominal expiry date is four (4) years from the date of approval.

COMMISSIONER

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