DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Point 2 Point Secure Pty Ltd
(AG2018/7117)

POINT 2 POINT SECURE VICTORIAN OPERATIONS ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER LEE	SYDNEY, 11 APRIL 2019

Application for approval of the Point 2 Point Secure Victorian Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Point 2 Point Secure Victorian Operations Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Point 2 Point Secure Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[5] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 26.5 – Annual Leave Loading

•

However, noting clause 2.3 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Point 2 Point Secure Pty Ltd recently faced a dispute before the Fair Work Commission (FWC) regarding the approval of the Point 2 Point Secure Victorian Operations Enterprise Agreement 2018. The application for approval was brought by the company, which sought to have the enterprise agreement, which governed the terms and conditions of employment for its workers, formally recognised and enforced.

The legal issues before the FWC centred on whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining if the agreement had been made in good faith, if it provided for the proper classification of employees, and if it contained all the mandated minimum terms and conditions of employment. Additionally, the FWC had to consider whether the process of developing and finalising the agreement was fair and whether the agreement met the 'better off overall test' (BOOT).

The FWC concluded that the enterprise agreement was made in good faith and was consistent with the statutory requirements. The court found that the agreement was fair and met all the necessary criteria for approval. It was determined that the agreement provided for the proper classification of employees and included all the mandated minimum terms and conditions. The FWC also found that the process of developing the agreement was fair and that the agreement passed the better off overall test. Based on these findings, the FWC approved the Point 2 Point Secure Victorian Operations Enterprise Agreement 2018.

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