Quantum Distribution Services Pty Ltd

[2014] FWCA 6831

[2014] FWCA 6831

FAIR WORK COMMISSION

DECISION

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

Quantum Distribution Services Pty Ltd
(AG2014/9063)

QUANTUM DISTRIBUTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
DEPUTY PRESIDENT SAMS	SYDNEY, 30 SEPTEMBER 2014

Application for approval of the Quantum Distribution Services Pty Ltd Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Quantum Distribution Services Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Quantum Distribution Services Pty Ltd Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Transport Workers’ Union of Australia (the ‘Union’) and is to cover 22 employees who are employed by the applicant as Distribution Drivers in Queensland. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 13 March 2014, and voting for the Agreement’s approval took place between 3 and 5 September 2014. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, 16 of the 20 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 19 September 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr R Baker, General Manager, identified the Road Transport and Distribution Award 2010 [MA000038] and the Milk Industry Transport Award - Southern Division 2003 [AN140174] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Bakersaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including the removal of minimum engagement for casual employees, reduced allowances for afternoon and night shifts and the removal of a cash handling allowance. However, the Agreement also provides for a number of terms and conditions that are in excess of or more beneficial than those under the reference instruments, including higher rates of pay, a Drivers Supervisor Allowance and five weeks annual leave for non-Shift workers. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 29 and 27 respectively, and a disputes resolution procedure at clause 28 provides for mediation, conciliation and arbitration by the Commission.

[4] At a hearing of the application on 26 September 2014, Mr B Cooper,Solicitor appeared with Mr R Baker for the applicant. The Union did not appear at the hearing, but had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Cooper outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that rates of pay are to be increased each July throughout the nominal term of the Agreement with reference to the CPI for the twelve month period up to the previous December.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Quantum Distribution Services Pty Ltd Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 3 October 2014 and have a nominal expiry date of 30 June 2017.

DEPUTY PRESIDENT

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