Operator loses appeal against decision requiring it to add 25 percent loading to the wages of truck drivers working weekends
By Brad Gardner | October 23, 2012
The Wettenhalls Group will need to deal with a higher wages bill after losing an appeal against a decision requiring it to increase rates for truck drivers.
The full bench of Fair Work Australia (FWA) upheld Commissioner Ian Cambridge’s ruling that casual truck drivers under the Wettenhalls Group Goodman Fielder (NSW) Enterprise Agreement should receive a 25 percent loading on rates for working weekends and be paid penalty rates for shift work.
FWA rejected Wettenhalls’ arguments that Cambridge incorrectly interpreted the terms of the agreement and acted beyond his jurisdiction.
“We are not satisfied that Wettenhalls has established error by Commissioner Cambridge, either in his approach to the interpretation of the agreement or his conclusions on the evidence,” Senior Deputy President Ian Watson says.
“Wettenhalls has not established that Commissioner Cambridge fell into error of law or made a finding of fact which was clearly wrong or not reasonably open to him.”
Wettenhalls, which signed a contract with Goodman Fielder in 2008 to carry its products, says the weekend hourly rate is greater than what casuals traditionally received. It claims the hourly rate includes casual loading and shift penalties.
