Qantas Road Express Pty Ltd T/A Jets Transport

[2019] FWCA 3180

[2019] FWCA 3180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qantas Road Express Pty Ltd T/A Jets Transport
(AG2019/1221)

QANTAS ROAD EXPRESS LONG DISTANCE DRIVERS AGREEMENT 2019

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 13 MAY 2019

Application for approval of the Qantas Road Express Long Distance Drivers Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Qantas Road Express Long Distance Drivers Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Qantas Road Express Pty Ltd T/A Jets Transport. The Agreement is a single enterprise agreement.

[2] 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.

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

[4] Although it presents no barrier to the Agreement being approved, it seems possible that clause 6.2(b) of the Agreement does not fall within the scope of the permissible deductions outlined within s.324 of the Act. If that is correct then clause 6.2(b) will have no effect pursuant to s.326(1) of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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