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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Point 2 Point Secure Pty Ltd applied to the Fair Work Commission for approval of the Point 2 Point Secure New South Wales and Australian Capital Territory Operations Enterprise Agreement 2019. The application was made by the employer, Point 2 Point Secure, and the employees were represented by the Communication, Electrical, Plumbing and Heating Employees' Union of Australia. The central issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The court needed to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements of the Fair Work Act. Key issues included the proper certification of the agreement, the fairness of the terms regarding wages, leave, and other employment conditions, and whether the agreement met the statutory criteria for approval. The Fair Work Commission assessed the agreement against the legal standards set out in the Fair Work Act, including the "better off overall test," which requires that employees be no worse off financially under the new agreement.

The Fair Work Commission found that the proposed agreement met the statutory criteria and was in compliance with the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, and that employees would not be worse off financially. The agreement was certified as meeting the "better off overall test" and was thus approved. The Commission also noted that the agreement had been negotiated in good faith and that the procedural requirements of the Fair Work Act had been met.

The Fair Work Commission approved the Point 2 Point Secure New South Wales and Australian Capital Territory Operations Enterprise Agreement 2019. This decision sets a precedent for similar agreements and ensures that the terms and conditions of employment are fair and reasonable for the employees covered by the agreement.

Point 2 Point Secure 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