KF & MJ Hendy Pty Ltd T/A Hendy Transport

[2019] FWCA 7148

[2019] FWCA 7148

FAIR WORK COMMISSION

DECISION

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

KF & MJ Hendy Pty Ltd T/A Hendy Transport
(AG2019/2255)

HENDY TRANSPORT ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 16 OCTOBER 2019

Application for approval of the Hendy Transport Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by KF & MJ Hendy Pty Ltd T/A Hendy Transport (the employer), for the approval of an enterprise agreement known as the Hendy Transport Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided undertakings regarding:

•  Full-time employees who attend for work will receive a minimum daily payment equivalent to at least 400 kilometres at the relevant cents per kilometre (CPK) rate for their classification, where they are engaged in driving duties. Where the employee is engaged in a mix of driving and yard duties on any dates, the CPK daily minimum will apply.

•  Permanent part-time employees who attend for work will receive a minimum daily payment equivalent to at least 250 kilometres at the relevant CPK rate for their classification, where they are engaged in driving duties. Where the employee is engaged in a mix of driving and yard duties on any day, the CPK daily minimum will apply.

•  Where an employee is performing local work or a mix of local work and yard duties, and they work for more than 10 hours in a day, on any day Monday- Friday, they shall be paid a minimum daily pay as for 700 kilometres at the relevant CPK rate for that work.

•  Where an employee is performing local work or a mix of local work and yard duties, and they work for more than 10 hours in a day, on a Saturday, they shall be paid a minimum daily pay as for 800 kilometres at the relevant CPK rate for that work.

•  Where an employee is performing local work or a mix of local work and yard duties, and they work for more than 10 hours in a day, on a Sunday, they shall be paid a minimum daily pay as for 1,000 kilometres at the relevant CPK rate for that work.

•  The trip rates in clause 13.2.4 are only payable where the trip is worked on any day Monday- Friday and completed within the span of hours at clause 9.2.3.

•  No part-time employee will be rostered or required to work on a weekend.

•  That no employee will be engaged to perform or required to perform in any one week only local driving work.

[3] The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act 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. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] Subject to the undertakings and the considerations referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval of the Agreement.

DEPUTY PRESIDENT

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