West Coast Transport Pty Ltd T/A De Bruyn's Transport

[2018] FWCA 7373

[2018] FWCA 7373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Coast Transport Pty Ltd T/A De Bruyn's Transport
(AG2018/3574)

DE BRUYN TRANSPORT - CUSTOMER SERVICE REPRESENTATIVES - ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 DECEMBER 2018

Application for approval of the De Bruyn Transport - Customer Service Representatives - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the De Bruyn Transport - Customer Service Representatives - Enterprise Agreement 2018 (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.

[2] 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.

[3] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 8.3;

•  Clause 8.2;

•  Clause 2.2.

However, noting clause 1.11 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2018. The nominal expiry date of the Agreement is 3 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A