TJ & RF Fordham Pty Ltd T/A TRN Group

[2016] FWCA 2007

[2016] FWCA 2007

FAIR WORK COMMISSION

DECISION

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

TJ & RF Fordham Pty Ltd T/A TRN Group
(AG2016/514)

TJ & RF FORDHAM HAULAGE & THE TRANSPORT WORKER'S UNION ENTERPRISE AGREEMENT 2016

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 5 APRIL 2016

Application for approval of the TJ & RF Fordham Haulage & The Transport Worker's Union Enterprise Agreement 2016

[1] An application has been made by TJ & RF Fordham Pty Ltd (the applicant) for the approval of an enterprise agreement known as the TJ & RF Fordham Haulage & The Transport Worker's Union Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Agreement covers haulage employees engaged by the employer. As per s.186(3) of the Act, I am satisfied that the group of employees covered by the Agreement was fairly chosen based on the operational distinction of the employees.

[3] The Transport Workers’ Union of Australia, NSW Branch (TWU) being a bargaining representative for the Agreement has filed a statutory declaration (F18) in support of the approval of the Agreement.

Notice of Employee Representational Rights (NERR)

[4] The NERR contains the incorrect name of the Agreement; it refers to the TJ & RF Fordham Haulage & The Transport Worker's Union Enterprise Agreement 2013 agreement rather than the “2016” agreement.

[5] Section 174 of the Fair Work Act 2009 (the Act) provides a statutory requirement for the NERR to be in the prescribed format, and the correct content as per Regulation 2.05 of the Fair Work Regulations 2009 (Regulations).

[6] The applicant advised that the incorrect reference to the “2013” agreement was a typographical error.

[7] I am satisfied that the NERR meets the requirements under s.174 and that the employees have not been misled in any way.

Better Off Overall Test

[8] The Road Transport and Distribution Award 2010 (the Award) is the relevant reference instrument with respect to the better off overall test (BOOT) as required under s.186 of the Act. The Agreement incorporates the Award.

[9] The Agreement, in comparison to the Award provides greater redundancy and leave loading provisions as well as higher rates of pay.

Approval

[10] Taking into account the greater entitlements under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[11] 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.

[12] The TWU has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this employee organisation.

[13] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 12 April 2016. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

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