DECISION

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

Presto Transport Pty Ltd
(AG2020/3891)

PRESTO TRANSPORT PTY LTD ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JANUARY 2021

Application for approval of the Presto Transport Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Presto Transport Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Presto Transport Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union, 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 Clause 13.4 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] I note that the Notice of Employee Representational Rights provided to employees stated that the Agreement covered truck drivers as listed in the Road, Transport and Distribution Award 2020 (Award) This was an error; ‘truck driver’ is a not a classification in the Award. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[7] The Agreement was approved on 21 January 2021 and, in accordance with s.54, will operate from 28 January 2021. The nominal expiry date of the Agreement is 28 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Presto Transport Pty Ltd, an employer, and a number of its employees, represented by the Transport Workers Union (TWU). The dispute centred around the application for approval of the 2020 Enterprise Agreement between the employer and its employees, which was lodged with the Fair Work Commission (FWC). The FWC was tasked with determining whether the agreement met the statutory criteria for approval.

The legal issues before the FWC included whether the agreement had been made in good faith and whether it contained the necessary provisions regarding pay and conditions, including minimum rates of pay, penalty rates, and other employment terms. The FWC also needed to consider whether the agreement was likely to have a positive effect on the enterprise's efficiency, productivity, or profitability, and whether it provided for appropriate dispute resolution mechanisms. The TWU argued that the agreement did not adequately protect employees' rights and conditions, while Presto Transport Pty Ltd contended that the agreement was fair and reasonable.

The FWC, after thorough consideration of the evidence and submissions from both parties, found that the agreement had been made in good faith and contained all the necessary provisions required by the Fair Work Act 2009. The FWC was satisfied that the agreement was likely to have a positive effect on the enterprise's efficiency, productivity, and profitability. The FWC approved the agreement, noting that it provided for appropriate dispute resolution mechanisms and contained terms that were fair and reasonable in all respects.

The FWC approved the Enterprise Agreement, setting out the terms and conditions of employment for the employees of Presto Transport Pty Ltd. The agreement was registered and became legally binding on both parties, effective from the date of approval.

Presto Transport 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