TNT Australia Pty Ltd T/A TNT Express

[2014] FWCA 2336

[2014] FWCA 2336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TNT Australia Pty Ltd T/A TNT Express
(AG2014/3834)

TNT - TWU FAIR WORK AGREEMENT 2014 - 2017

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 10 APRIL 2014

Application for approval of the TNT-TWU Fair Work Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the TNT-TWU Fair Work Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TNT Australia Pty Ltd T/A TNT Express. The agreement is a single-enterprise agreement.

[2] On reviewing the application the Commission sought further clarification from the Applicant about two matters, in particular. Firstly, the table of rates in the proposed Agreement are clearly in excess of those provided for in the underlying Road Transport and Distribution Services Award 2010. However, it is not clear from the terms of the proposed Agreement what additional entitlements apply over and above those amounts, and what are contained in the “Existing Arrangements” included in the Agreement pursuant to clause 4. The second issue concerns whether the Agreement includes only “permitted matters.”

[3] Written submissions in response to both matters were received from the Applicant and from the Transport Workers’ Union of Australia who are a bargaining representative for employees to be covered by the agreement.

[4] The submissions of both parties indicate that the “Existing Arrangements” referred to in the Agreement are the pre-existing arrangements that apply in each region covered by the proposed Agreement. They are detailed in Schedules 1, 2 and 3 of the Agreement and comprise previous Enterprise Agreements, local workplace agreements and Awards. Clause 4.2 of the Agreement provides that these “Existing Arrangements” are included in and form part of the Agreement. They contain various provisions dealing with spread of hours, penalty and overtime rates, as well as other penalties and loadings. It is also noted that the ordinary time rates of pay in the Agreement are well in excess of those contained in the underlying Road Transport and Distribution Services Award 2010, with the lowest rate in the Agreement being in excess of the highest classification rate contained in the Award.

[5] I also note the submissions that have been made about the requirements of s.172(1) of the Act and what are “permitted matters” for the purposes of identifying the lawful content of an Enterprise Agreement. I am accordingly satisfied that the Agreement deals with matters that are “permitted matters” pursuant to s.172(1) of the Act.

[6] I am also satisfied that each of the remaining requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[7] The National Union of Workers had initially sought to be covered by the Agreement. That application was opposed by both the Applicant and the Transport Workers’ Union of Australia. However, the National Union of Workers subsequently advised the Commission on 20 March 2014 that it withdrew that application and, on that basis, there is no further need to deal with that matter at this point. The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has also 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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