Jester Park Springs Pty Limited

[2016] FWCA 870

[2016] FWCA 870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jester Park Springs Pty Limited
(AG2015/7105)

JESTER PARK SPRINGS PTY LIMITED (TRANSPORT EMPLOYEES) ENTERPRISE BARGAINING AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 10 FEBRUARY 2016

Application for approval of the Jester Park Springs Pty Limited (Transport Employees) Enterprise Bargaining Agreement 2015

[1] An application has been made by Jester Park Springs Pty Limited (the applicant) for the approval of an enterprise agreement known as the Jester Park Springs Pty Limited (Transport Employees) Enterprise Bargaining Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Agreement covers all employees engaged by the employer as transport drivers of three-axle rigid vehicles exceeding 13.9 tonnes gross vehicle mass (GVM) within the employer’s business. As per s.186(3) of the Act, I am satisfied that the group of employees covered by the Agreement was fairly chosen based on the operational distinction of the employees.

[3] The Road Transport and Distribution Award 2010 (the Award) is the relevant reference instrument with respect to the better off overall test (BOOT) as required under s.186 of the Act.

[4] The Agreement provides a loaded rate of pay. This rate of pay is 31.78% higher than the corresponding minimum rate of pay under the Award. The rate of pay compensates employees for ordinary work on Saturdays, which would otherwise be provided under the Award. The Agreement offers penalty rates for work on Sundays, early morning and night shifts and on public holidays. Overtime is paid at 150% for work beyond 38 hours per week.

Conclusion

[5] Taking into account the higher rate of pay under the Agreement when compared to the Award and the penalty payments outlined above, I am satisfied that the Agreement results in employees being better off under the Agreement.

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

[7] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 17 February 2016. The nominal expiry date of the Agreement is 10 February 2020.

DEPUTY PRESIDENT

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