STAR TRACK EXPRESS PTY LIMITED - AGREEMENT NSW/ACT 2012-2015

	EBA in PDF Format
	Status
	Undertaking

Part 1 Application and Operation 
	1.  Title
	2.  Arrangement 
	3.  Definitions 
	4.  Duration of Agreement 
	5.  Application 
	6.  Parties Bound 
	7.  Relationship to Legislation and Other Instruments 
	8.  Preamble 
	9.  Objectives 
	10. Fair Dealing Policy  
	11. Local Agreements 
	12. Flexibility Arrangements 
	13. Conduct of the Parties 
	14. No Extra Claims 
	15. Negotiation of Next Agreement 
Part 2 Productivity, Consultation, Training and Dispute Resolution 
	16. Productivity Improvements 
	17. Settlement of Disputes 
	18. Consultation regarding Major Workplace Change 
	19. Training 
	20. Safe Systems of Work/Drug and Alcohol and Safe Driving Plans 
	21. Access to the Agreement and the National Employment Standards 
	22. TWU Recognition and Freedom of Association 
	23. Union Inductions 
	24. TWU Delegates' Training Leave 
	25. Right of Entry 
	26. Demarcation
Part 3 Types of Employment and Termination of Employment 
	27. Work Organisation 
	28. Unauthorised Persons Riding on Vehicles 
	29. Types of Employment 
	30. Labour Hire 
	31. Fleet Outside Hire and Contractors 
	32. Linehaul Operations 
	33. Termination of Employment 
	34. Redundancy 
	35. Employee Entitlements
Part 4 Wages, Allowances and Related Matters 
	36. Wage Increases and Rates of Pay 
	37. Juniors 
	38. Higher Duties 
	39. Allowances 
	40. Travelling Allowance 
	41. Articles of Clothing 
	42. First Aid Allowance 
	43. Medical Checks 
	44. Payment of Wages 
	45. Superannuation 
	46. Aviation and Maritime Security Identification Cards (ASIC/MSIC) 
Part 5 Hours of Work and Related Matters 
	47. Ordinary Hours of Work 
	48. Shift Work 
	49. Start Times 
	50. Breaks 
	51. Overtime 
	52. Penalty Rates 
	53. Absences from Duty
Part 6 Leave and Public Holidays 
	54. Annual Leave 
	55. Personal/Carer's Leave and Compassionate Leave 
	56. Community Service Leave 
	57. Community Service Leave 
	58. Community Service Leave 
	59. Parental Leave 
	60. Public Holidays 
	61. Long Service Leave 
	62. Signatures 
	Appendix A Classifications and Gradings 
	Appendix B Supported Wage System 
	Appendix C New South Wales
	Appendix D Australian Capital Territory
	Appendix E 3PL Wharehouse Division

Status

[2012] FWAA 4847

DECISION

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

Star Track Express Pty Limited

(AG2012/1558) STAR TRACK EXPRESS PTY LIMITED -TRANSPORT WORKERS' UNION FAIR WORK AGREEMENT NSW/ACT 2012-2015

Road transport industry

COMMISSIONER LEWIN MELBOURNE, 5 JUNE 2012

Application for approval of the Star Track Express Pty Limited -Transport Workers' Union Fair Work Agreement NSW/ACT 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Star Track Express Pty Limited -Transport Workers' Union Fair Work Agreement NSW/ACT 2012-2015 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). It has been made by Star Track Express Pty Limited, the employer of persons to be covered by the Agreement. The Agreement is a single enterprise agreement.

[2] The Transport Workers’ Union of Australia (“TWU”) is a bargaining representative for the Agreement.

[3] The Applicant has provided written undertakings. A cop y of the undertakings is attached in Annexure A. I am satisfied that the undertakings meet the requirements as provided for by s.190 of the Act.

[4] I have sought the views of the bargaining representatives in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representatives advise no concerns with the undertakings provided.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The TWU 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.

[7] The Agreement was approved on 5 June 2012 and, in accordance with s.54, will operate from 13 June 2012. The nominal expiry date of the Agreement is 31 March 2015.

Undertaking pursuant to Section 190 of the Fair Work Act 2009

I, Stephen Cleary, Chief Executive Officer, of 1 Merriwa Street Gordon New South Wales 2072 hereby undertake for and on behalf of Star Track Express Pty Limited (the employer) as follows:
(a) For the purposes of clause 17 of the Star Track Express Pty Limited Transport Workers' Union Fair Work Agreement NSW/ACT 2012-2015 (the Agreement), including clause 17.2(a), an employee shall be entitled to be represented by a representative, from the TWU or otherwise.
(b) Accordingly, a representative of an employee's choice may be appointed to represent the employee at each and every stage of the dispute settlement procedure established by clause 17 of the Agreement.
(c) This undertaking in relation to the Agreement is given by the employer in order to meet the requirements of section 186(6) of the Fair Work Act.
Signature: Date: