Four yearly review of modern awards

[2018] FWCFB 3528

[2018] FWCFB 3528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.156 - 4 yearly review of modern awards

Four yearly review of modern awards

(AM2016/32)

ROAD TRANSPORT AND DISTRIBUTION AWARD

[MA000038]

Road transport industry
SENIOR DEPUTY PRESIDENT HAMBERGER DEPUTY PRESIDENT SAMS COMMISSIONER LEE	SYDNEY, 15 JUNE 2018

Four yearly review of modern awards – variation to the Road Transport and Distribution Award 2010 [MA000038] to extend award coverage to the vehicle relocation industry – whether any further modifications to the Road Transport Award should be made to accommodate the particular features of vehicle relocation work (including any appropriate transitional provisions) – two-year transitional period to be introduced – publication of determination.

1. On 31 May 2018, we issued our decision[1] not to vary the way the Road Transport and Distribution Award 2010[2] (the Road Transport Award) will apply to employers in the vehicle relocation industry, except by introducing a two-year transitional period in relation to the rates of pay applicable to their employees, which would operate from 1 July 2018. We issued a draft determination with that decision and gave interested parties two weeks to comment on it. 

1. The Australian Road Transport Industrial Organization and Transport Workers’ Union of Australia advised that they supported the determination being made as drafted.

1. Truck Moves Australia Pty Ltd (Truck Moves), Quick Shift Vehicle Relocations Pty Ltd and Vehicle Express Pty Ltd (together Truck Moves and others) requested that the determination operate from 1 September 2018 instead of 1 July 2018, as they want more time to:

• develop and implement systems and resources to ensure award compliance and efficient and productive operations;

• communicate and work with clients on matters relating to award compliance, including fees, provision of vehicle information and delivery timeframes; and

• consult with employees about their employment, including rostering.

1. No other parties commented on the draft determination.

1. We have taken into account all the comments we have received. However, as we had already indicated in our decision of 31 May 2018,[3] Truck Moves and others have been on notice for some time now that the Road Transport Award would cover their industry. The two-year transitional period we have proposed is already a concession to allow employers in the vehicle relocation industry to phase in the rates of pay that will now apply to their employees. We therefore do not think it is appropriate to further delay the application of those rates of pay by setting a later operative date for the determination.

1. We publish the determination concurrently with this decision. It will operate from 1 July 2018 as originally proposed.

SENIOR DEPUTY PRESIDENT

<MA000038  PR608170 >

[1]     [2018] FWCFB 3133.

[2]     MA000038.

[3]     [2018] FWCFB 3133 [44].

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