Point 2 Point Secure Pty Ltd

[2019] FWCA 7130

[2019] FWCA 7130

FAIR WORK COMMISSION

DECISION

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

Point 2 Point Secure Pty Ltd
(AG2019/2756)

POINT 2 POINT SECURE NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY OPERATIONS ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 16 OCTOBER 2019

Application for approval of the Point 2 Point Secure New South Wales and Australian Capital Territory Operations Enterprise Agreement 2019.

[1] An application has been filed by Point 2 Point Secure Pty Ltd(the employer) for the approval of an enterprise agreement known as the Point 2 Point Secure New South Wales and Australian Capital Territory Operations 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 employer by the Commission, the employer provided undertakings regarding the following:

•  Span of hours;

•  Penalties for hours worked between 6am and 6pm on a Saturday;

•  Payment for minimum engagement of 4 hours where an employee is called back to work outside the ordinary span of hours;

•  Overtime worked between Monday and Friday attracts a loading of 25% for the first two hours worked and a loading of 50% for any hours worked thereafter; and

•  Employees entitled to Annual Leave will receive an additional loading of 17.5% of their ordinary base rate as annual leave loading.

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied as per 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 change 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 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 Transport Workers’ Union (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 the TWU. Pursuant to s.190(4) of the Act, the views of the TWU were sought regarding the undertakings provided by the employer.

[6] 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 30 June 2022.

DEPUTY PRESIDENT

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