AAT Kings Coach Company Pty Ltd

[2019] FWCA 4788

[2019] FWCA 4788

FAIR WORK COMMISSION

DECISION

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

AAT Kings Coach Company Pty Ltd
(AG2019/1149)

AAT KINGS DARWIN DRIVER GUIDE COLLECTIVE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
COMMISSIONER SIMPSON	BRISBANE, 9 JULY 2019

Application for approval of the AAT Kings Darwin Driver Guide Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the AAT Kings Darwin Driver Guide Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AAT Kings Coach Company Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] The Individual Flexibility Arrangement and Consultation terms at clauses 5 and 6 of the Agreement are inconsistent with section 203 and 145A of the Act. The model terms are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2019. The nominal expiry date of the Agreement is 30 March 2022.

COMMISSIONER

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Annexure A.