Unidex Consulting Pty Ltd T/A Frontline Human Resources

[2016] FWCA 3320

[2016] FWCA 3320

FAIR WORK COMMISSION

DECISION

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

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2016/979)

TIPCON PTY LTD ENTERPRISE AGREEMENT 2016-2019

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 31 MAY 2016

Application for approval of the Tipcon Pty Ltd Enterprise Agreement 2016-2019

[1] An application has been made by Unidex Consulting Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Tipcon Pty Ltd Enterprise Agreement 2016-2019 (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 all employees engaged by the employer; pursuant to s.186(3) of the Act, I am satisfied that the group of employees was fairly chosen.

Better Off Overall Test

[3] The Road Transport & 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 rates of pay under the Agreement are significantly higher than the corresponding minimum rates of pay under the Award, and the allowance provisions under the Agreement are greater than the Award.

[4] The Agreement also incorporates the Award and the National Employment Standards.

Approval

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

[6] 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.

[7] The Agreement is approved. In accordance with s.54(1), the Agreement will operate from 7 June 2016. The nominal expiry date of the Agreement is 1 April 2019.

DEPUTY PRESIDENT

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