Stephen Curley T/A Curley Cattle Transport Pty Ltd

[2024] FWCA 3281

[2024] FWCA 3281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stephen Curley T/A Curley Cattle Transport Pty Ltd

(AG2024/2906)

CURLEY CATTLE TRANSPORT PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2024

Road transport industry
COMMISSIONER TRAN	MELBOURNE, 17 SEPTEMBER 2024

Application for approval of the Curley Cattle Transport Pty Ltd Employee Collective Agreement 2024

1. Stephen Curley T/A Curley Cattle Transport Pty Ltd has applied for approval of an enterprise agreement known as Curley Cattle Transport Pty Ltd Employee Collective Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise agreement.

National Employment Standards

1. I note that Clause 19 – Compassionate Leave is inconsistent with the National Employment Standards as it does not contain all of the circumstances listed in s 104(1) of the Act. Given the National Employment Standards precedence clause at Clause 21.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

Delegates Rights Term

1. The Agreement does not contain a delegates’ rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 25A of the Road Transport (Long Distance Operations) Award 2020 is taken to be a term of the Agreement.

Better Off Overall Test

1. My chambers issued correspondence in this matter about the underpinning award and seeking further information about classification matching. The Employer provided a written undertaking so that the only relevant award was the Road Transport (Long Distance Operations) Award 2020. The Employer also provided information in writing and during a case management conference to assist in matching the classifications under the Agreement with classifications under the Award, including example pay breakdowns under the Agreement. The Employer confirmed during the case management conference that all of the classifications under the Agreement matched to Grade 9 of the Award.

1. The Employer’s classification matching is as follows:

Agreement Classification	Award Classification and Explanation
Level 1	Grade 9 - new
Level 2	Grade 9 - new under training
Level 3	Grade 9 - limited experience
Level 4	Grade 9 - 12 months experience
Level 5	Grade 9 - 24 months experience
Level 6	Grade 9 - 36 months experience

1. I prepared comparison breakdowns using the minimum weekly and per kilometre rate of pay under Clauses 16.1 and 16.4 of the Award. I am satisfied that the rates of pay in the Agreement are higher than the Award. Considered alongside Clauses 9.4 and 9.5 of the Agreement which provide additional bonuses and an allowance not otherwise provided by the Award, and other non-monetary matters in the Agreement (such as provision of clothing), I am satisfied that employees are better off overall under the Agreement than under the Award.

1. To address other matters relating to the better off overall test, the Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Approval of Agreement

1. Subject to the undertakings and other matters referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 24 September 2024.

1. In accordance with Clause 4(1), the nominal expiry date of the Agreement is 16 September 2028.

COMMISSIONER

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Annexure A