Team Global Express Pty Ltd

[2024] FWCA 132

[2024] FWCA 132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Team Global Express Pty Ltd

(AG2023/4670)

TEAM GLOBAL EXPRESS – TWU ENTERPRISE AGREEMENT 2023- 2026

Road transport industry
COMMISSIONER LEE	MELBOURNE, 11 JANUARY 2024

Application for approval of the Team Global Express – TWU Enterprise Agreement 2023- 2026

1. An application has been made for approval of an enterprise agreement known as the Team Global Express – TWU Enterprise Agreement 2023- 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Team Global Express Pty Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings 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 Transport Workers' Union of Australia 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 27(i) – Redundancy

·   Clause 8 – Local Agreements

However, noting clause 6(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE523095  PR770162>

Annexure A