Team Global Express Pty Ltd

[2023] FWCA 2204

[2023] FWCA 2204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Team Global Express Pty Ltd

(AG2023/2164)

TEAM GLOBAL EXPRESS COURIERS BELMONT ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 17 JULY 2023

Application for approval of the Team Global Express Couriers Belmont Enterprise Agreement 2023

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

1. The matter was allocated to my Chambers on 29 June 2023.

1. On 13 July 2023 I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement including the undertaking provided by the Applicant prior to the conference.

1. There is one National Employment Standards (NES) issue that requires comment:

· Clause 17.2 provides the circumstances where an employee may be summarily dismissed, which appears inconsistent with the definition of ‘serious misconduct’ as per regulation 1.07 of the Fair Work Regulations.

1. Clause 4.2 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.

1. The Applicant has submitted an undertaking in the required form dated 11 July 2023. The undertaking deals with the following topics:

·  Despite Clause 11.1(b) of the Agreement, the maximum number of ordinary hours to be worked in a single day will be 8.

·  Despite Clause 14.4 of the Agreement, the Applicant will apply a minimum engagement period of 4 hours for Part Time Employees.

·  Despite Clause 18.1 of the Agreement, the Applicant will increase the Grade 3/Team Leader hourly rate from the first full pay period on or after 1 July 2023 to $26.1900.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 23 July 2025.

COMMISSIONER

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