J.A.T Refrigerated Road Services Pty Ltd

[2020] FWCA 1880

[2020] FWCA 1880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J.A.T Refrigerated Road Services Pty Ltd
(AG2020/304)

J.A.T REFRIGERATED ROAD SERVICES PTY LTD & THE TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 8 APRIL 2020

Application for approval of the J.A.T. Refrigerated Road Services Pty Ltd & Transport Workers Union Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the J.A.T Refrigerated Road Services Pty Ltd & The Transport Workers Union Enterprise Agreement 2019 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J.A.T Refrigerated Road Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Mr Peter Biagini, Queensland Branch Secretary of the Transports Workers Union (TWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the TWU wants the Agreement to cover it.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix A. 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.

[4] I observe that the following provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 5.4.1 – Personal/Carers leave

•  Clause 5.8.1(b) – Public Holidays

[5] The Applicant has provided an undertaking to address this and I am satisfied that per the undertaking, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Concerns were raised in relation to clauses 12.4.6 and 12.5.4 of the Agreement as prima facie, the clauses appeared to provide for unlawful deductions. In accordance with s. 326(1) of the Act, I note that an unlawful term has no effect.

[7] Subject to the matters referred to above, I am satisfied that each requirement of ss186, 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.

[8] The Agreement contained a clause numbering error at clause 12.4.6, where the numbering of 12.4.6 was repeated. After seeking the consent of the parties, I am satisfied that it is appropriate to correct the typographical error at clause 12.4.6 of the Agreement pursuant to s. 586 of the Act, amending the clause numbering to include 12.4.7.

[9] In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

[10] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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<AE507716  PR718174>

Annexure A.