LPC Trading Pty Ltd

[2016] FWCA 1841

[2016] FWCA 1841

FAIR WORK COMMISSION

DECISION

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

LPC Trading Pty Ltd
(AG2016/2490)

LPC TRADING PTY LTD DRIVERS ENTERPRISE AGREEMENT 2016

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 23 MARCH 2016

Application for approval of the LPC Trading Pty Ltd Drivers Enterprise Agreement 2016

[1] An application has been made by LPC Trading Pty Ltd (the applicant) for the approval of an enterprise agreement known as the LPC Trading Pty Ltd Drivers Enterprise Agreement 2016 (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 employees engaged by the employer as truck drivers. 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 Transport Workers’ Union of Australia, NSW Branch (TWU) being a bargaining representative for the Agreement has filed a statutory declaration (F18) in support of the approval of the Agreement.

Better Off Overall Test

[4] The Road Transport and Distribution Award 2010 and the Road Transport (Long Distance Operations) Award 2010 (the Awards) are the relevant reference instruments with respect to the better off overall test (BOOT) as required under s.186 of the Act. The Agreement incorporates the Awards.

[5] The rates of pay under the Agreement are significantly higher than the corresponding minimum rates of pay under the Awards.

Approval

[6] Taking into account the higher rates of pay under the Agreement when compared to the Awards, I am satisfied that the Agreement results in employees being better off under the Agreement.

[7] 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.

[8] The TWU has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[9] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 30 March 2016. The nominal expiry date of the Agreement is 15 February 2020.

DEPUTY PRESIDENT

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