LPC Trading Pty Ltd

[2020] FWCA 5548

[2020] FWCA 5548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LPC Trading Pty Ltd
(AG2020/2846)

LPC TRADING PTY LTD DRIVERS ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 19 OCTOBER 2020

Application for approval of the LPC Trading Pty Ltd Drivers Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the LPC Trading Pty Ltd Drivers Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LPC Trading Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 5(b) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5(a)i) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and in accordance with s.54, will operate from 26 October 2020. The nominal expiry date of the Agreement is 15 February 2024.

COMMISSIONER

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