Transport Personnel Pool Pty Ltd

[2021] FWCA 6195

[2021] FWCA 6195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Personnel Pool Pty Ltd
(AG2021/7443)

TRANSPORT PERSONNEL POOL PTY LTD - ALTONA ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 OCTOBER 2021

Application for approval of the Transport Personnel Pool Pty Ltd - Altona Enterprise Agreement 2021.

[1] Transport Personnel Pool Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Transport Personnel Pool Pty Ltd - Altona Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 22 September 2021.

[3] On 23 September 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  Additional information was sought regarding Agreement pre-approval requirements, specifically the timeliness of the provision of the NERR.

•  Clauses 42.6 regarding monies owed on termination and 9.3, deductions, were inconsistent with the National Employment Standards (NES) however the effective NES precedence term at clause 3.2 of the Agreement is deemed to resolve these NES inconsistencies.

•  Better of overall concerns were raised regarding the span of hours worked by employees under the Waste Management Award, part-time workers who may work overtime, whether workers performing overtime are entitled to meal breaks and the rates of pay for those engaged at General grade 1 rate under the Agreement.

[4] The Applicant has submitted undertakings in the required form dated 6 October 2021. The undertakings deal with the following topics:

•  The Applicant has provided a rate of pay for employees classified as “General grade 1” that is above the equivalent classification in the Road Transport and Distribution Award 2020.

•  In respect of better off overall issued relating to the span of hours worked by employees under the Waste Management Award 2020, part time workers engaged under the Waste Management Award 2020 and part-time workers engaged under the Road Transport and Distribution Award 2020, the Applicant has provided a system consistent with that in Shop, Distributive and Allied Association v Beechworth Bakery Employee Co Pty Ltd T/A Beechworth Bakery. 1

[5] A copy of the undertakings have been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertakings.

[6] The undertakings appear 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.

[7] The Transport Workers’ Union of Australia (TWU), 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) of the Act I note that the Agreement covers this organisation.

[8] 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.

[9] 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 30 June 2024.

COMMISSIONER

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 1   [2017] FWCFB 1664