West Coast Transport Pty Ltd As Trustee For The West Coast Transport Unit Trading Trust T/A De Bruyn’s Transport
[2022] FWCA 2731
•12 AUGUST 2022
| [2022] FWCA 2731 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
West Coast Transport Pty Ltd As Trustee For The West Coast Transport Unit Trading Trust T/A De Bruyn’s Transport
(AG2022/2390)
DE BRUYN TRANSPORT – OPERATIONAL TEAM MEMBERS – Enterprise Agreement 2022.
| Road transport industry | |
| COMMISSIONER LEE | MELBOURNE, 12 AUGUST 2022 |
Application for approval of the DE BRUYN TRANSPORT – OPERATIONAL TEAM MEMBERS – Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the DE BRUYN TRANSPORT – OPERATIONAL TEAM MEMBERS – Enterprise Agreement 2022. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Coast Transport Pty Ltd as Trustee For The West Coast Transport Unit Trading Trust T/A De Bruyn’s Transport. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. 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.
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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Transport Workers Union of Australia 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) I note that the Agreement covers the organisation.
I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):
· • 2.2.1 Notice of Termination by Employees
However, noting the NES precedence clause undertaking of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2022. The nominal expiry date of the Agreement is 19 August 2026.
COMMISSIONER
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Annexure A
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