Peter Cochrane Management Pty Ltd T/A Peter Cochrane Transport Pty Ltd

[2019] FWCA 4063

[2019] FWCA 4063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peter Cochrane Management Pty Ltd T/A Peter Cochrane Transport Pty Ltd
(AG2019/795)

THE PETER COCHRANE MANAGEMENT, EMPLOYEE & TWU COLLECTIVE AGREEMENT 2018

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 12 JUNE 2019

Application for approval of the The Peter Cochrane Management, Employee & TWU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Peter Cochrane Management, Employee & TWU Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Peter Cochrane Management Pty Ptd T/A Peter Cochrane Transport Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 May 2019.

[3] On 31 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] On 5 June 2019 the Applicant has submitted an undertaking in the required form. The undertaking deals with the following topics:

•  The reference to payment of 6 hours where a public holiday falls on a Friday has been removed.

•  Despite clause 13.3 of the Agreement, the evidence required to be provided for an employee to be entitled to personal leave shall be as per s.107 of the Act – that is, evidence that would satisfy a reasonable person.

•  Clauses 6.1(e), (f) and (g) of the Agreement shall no longer operate.

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  All designated Long Distance Relief Drivers shall be:

•  paid a loading of 25% of the appropriate trip rate for all runs they perform; and

•  be rostered in a manner consistent with the NHVL fatigue management guidelines and have the right to refuse relief work should they not be rested.

•  Other drivers who perform relief driving with less than 12 hour’s notice shall have a 25% loading applied to the trip undertaken as a standalone payment. The loading will not apply where the driver has requested the relief work.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Transport Workers’ Union of Australia (TWU)”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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