DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Temples (WA) Pty Ltd
(AG2018/5198)

TEMPLES (WA) PTY LTD LIVEHAUL DRIVERS ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 MARCH 2019

Application for approval of the Temples (WA) Pty Ltd Livehaul Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Temples (WA) Pty Ltd Livehaul Drivers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Temples (WA) Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 8 March 2019 and, in accordance with s.54, will operate from 15 March 2019. The nominal expiry date of the Agreement is 8 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Temples (WA) Pty Ltd applied to the Fair Work Commission for approval of the Temples (WA) Pty Ltd Livehaul Drivers Enterprise Agreement 2018. The respondent, which represented the drivers, objected to the application on the basis that the agreement did not fairly reflect the views of the drivers. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The Commission considered whether the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided employees with a better overall package than the applicable award. The Commission also considered whether the agreement contained provisions that were contrary to public policy, including provisions that related to the drivers' working conditions and entitlements. The Commission found that the agreement met the BOOT criteria and did not contain any provisions that were contrary to public policy.

In reaching its decision, the Commission noted that the agreement provided drivers with a number of benefits, including a 10% increase in wages, improved leave entitlements, and better access to training and development opportunities. The Commission also found that the agreement contained provisions that were designed to improve the drivers' working conditions, such as provisions that limited the amount of time that drivers could be required to work each day.

The Commission approved the Temples (WA) Pty Ltd Livehaul Drivers Enterprise Agreement 2018, subject to certain modifications to ensure that it complied with the Fair Work Act. The modifications included the removal of certain provisions that the Commission found to be contrary to public policy, as well as the addition of provisions that provided greater protections for drivers in relation to their working conditions and entitlements.

Temples (WA) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established