Scott's Transport Industries Pty Ltd

[2016] FWCA 664

[2016] FWCA 664

FAIR WORK COMMISSION

DECISION

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

Scott's Transport Industries Pty Ltd
(AG2015/6822)

SCOTT'S TRANSPORT INDUSTRIES PTY LTD GILLMAN ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 2 FEBRUARY 2016

Application by Scott's Transport Industries Pty Ltd Application for approval of the Scott's Gillman Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Scott’s Transport Industries Pty Ltd Gillman Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Scott’s Transport Industries Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Whilst the Agreement was being reviewed by the Commission, an employee proposed to be bound by the Agreement lodged a dispute notification (B2015/1707) raising a number of concerns relating to the agreement making process and the BOOT test. As a result, this application and the dispute was listed for hearing in Adelaide on 14 January 2016 for submissions on the matters raised in so far as they were relevant to the Agreement approval requirements.

[3] The only matter outstanding at the conclusion of the hearing was the method of payment for personal leave and its interaction with the National Employment Standards (NES). The employer has implemented the 38 hour week based on the working of 8 ordinary hours each day and the accrual of 0.4 hours per day towards a rostered day off. I am advised when an employee takes a day’s personal leave they are paid for 7.6 hours and continue to receive the 0.4 hour accrual. On that basis I am satisfied that the requirement of s.55 of the Fair Work Act (in so far as the Agreement is not detrimental to the NES) is met.

[4] Based on the information before me I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Transport Workers Union of Australia SA/NT Branch, 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2016. The nominal expiry date of the Agreement is 8 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE417649  PR576623>