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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, LPC Trading Pty Ltd applied for approval of the LPC Trading Pty Ltd Drivers Enterprise Agreement 2020. The application was made by the respondent, LPC Trading Pty Ltd, and the applicant, the Transport Workers Union, did not oppose the application. The agreement covered drivers employed by LPC Trading Pty Ltd, a company involved in the transportation of goods.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement contained all the prescribed minimum terms and conditions, and whether it was made in good faith and without coercion. Given the absence of opposition from the Transport Workers Union, the focus was on the content and compliance of the agreement itself.

After reviewing the agreement, the Commission found that it contained all the prescribed minimum terms and conditions and was made in good faith without any coercion. The agreement also included provisions that went beyond the minimum requirements, such as provisions on pay rates, hours of work, and leave entitlements, which were deemed fair and reasonable. The Commission approved the agreement, recognising that it provided a fair and efficient framework for the employment of drivers by LPC Trading Pty Ltd.

The Commission's decision was based on the comprehensive nature of the agreement and its compliance with the statutory requirements. The approval of the LPC Trading Pty Ltd Drivers Enterprise Agreement 2020 ensures that the drivers employed by LPC Trading Pty Ltd are covered by a fair and effective enterprise agreement.

LPC Trading Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established