| [2021] FWCA 6880 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Transport Personnel Pool Pty Ltd
(AG2021/8223)
TRANSPORT PERSONNEL POOL PTY LTD - MADDINGLEY BROWN COAL ENTERPRISE AGREEMENT 2021
Waste management industry | |
COMMISSIONER P RYAN | SYDNEY, 29 NOVEMBER 2021 |
Application for approval of the Transport Personnel Pool Pty Ltd- Maddingley Brown Coal Enterprise Agreement 2021
[1] Transport Personnel Pool Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Transport Personnel Pool Pty Ltd – Maddingley Brown Coal Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed on 19 November 2021. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Section 190 Undertakings
[3] The employer provided written undertakings on 19 November 2021. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
National Employment Standards
[5] I observe that clauses 23.10, 24.5 and 35.10 may be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Approval
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2021. The nominal expiry date of the Agreement is 1 March 2023.
COMMISSIONER
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- AGLC
- Transport Personnel Pool Pty Ltd [2021] FWCA 6880
- Case
- [2021] FWCA 6880
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the proposed enterprise agreement provided for the fair and reasonable terms and conditions of employment as required by the Fair Work Act 2009. The Commission examined various aspects of the agreement, including wages, working conditions, dispute resolution mechanisms, and other employment-related terms. The Commission also assessed whether the agreement adhered to the provisions concerning the avoidance of undue interference with employees' freedom of association and the protection of employees' rights.
The Fair Work Commission found that the Transport Personnel Pool Pty Ltd- Maddingley Brown Coal Enterprise Agreement 2021 contained terms and conditions that were fair and reasonable for the employees. The Commission noted that the agreement provided for appropriate wage rates, leave entitlements, and working conditions. The dispute resolution mechanisms were also found to be adequate and compliant with the legal requirements. The Commission determined that the agreement did not interfere unduly with the employees' freedom of association and effectively protected their rights. Consequently, the Commission approved the enterprise agreement as compliant with the Fair Work Act 2009.
The Fair Work Commission approved the Transport Personnel Pool Pty Ltd- Maddingley Brown Coal Enterprise Agreement 2021, effective from the date of the Commission's decision. The approval was based on the finding that the agreement met the legal requirements for fair and reasonable terms and conditions of employment, as well as the other provisions under the Fair Work Act 2009.
Orders
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Background
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Evidence
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Decision
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