Point 2 Point Secure Pty Ltd T/A Point2point Summary

[2024] FWCA 871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Point 2 Point Secure Pty Ltd T/A Point2point

(AG2024/362)

POINT 2 POINT SECURE SOUTH AUSTRALIAN OPERATIONS ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 8 MARCH 2024

Application for approval of the Point 2 Point Secure South Australian Operations Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Point 2 Point Secure South Australian Operations Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Point 2 Point Secure Pty Ltd T/A Point2point (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 23 February 2024.

On 23 February 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 26 February 2024. The undertaking deals with the following topics:

· The definition of a shift worker has been inserted and will also be for the purposes of the National Employment Standards (NES).
· The NES precedence clause will prevail over Clause 16.9 in so far as it permits the Applicant to withhold monies owing to an employee under the NES.

· Trainees will not be employed under the Agreement.

· The ordinary span of hours will be from 6:00am to 6:00pm.

· BOOT issues with respect to casual loading and overtime are resolved.

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 representatives did not express any view on the undertaking.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, Point 2 Point Secure Pty Ltd, trading as Point2point, sought approval for the Point 2 Point Secure South Australian Operations Enterprise Agreement 2023. The application was made under the Fair Work Act 2009. The dispute arose as the company aimed to finalise a new enterprise agreement with its employees, requiring court approval due to the nature of the changes proposed.

The legal issues before the court involved whether the proposed agreement met the statutory requirements for registration. Key considerations included whether the agreement provided for a fair and reasonable basis for determining employees' remuneration and other terms and conditions of employment. Additionally, the court needed to assess if the agreement was free from any provisions that might be contrary to public policy or be otherwise invalid.

The court found that the agreement met all the necessary criteria. It provided for fair and reasonable terms, including appropriate pay rates and conditions, and was devoid of any invalid provisions. The court was satisfied that the agreement had been negotiated in good faith and that the employees had been adequately informed and consulted throughout the process. As a result, the court approved the agreement, allowing it to be registered and thus legally binding.

The final orders of the court were that the Point 2 Point Secure South Australian Operations Enterprise Agreement 2023 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the court's approval, ensuring that it governed the employment terms of the parties moving forward.

Point 2 Point Secure Pty Ltd T/A Point2point

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established