Axedale Holdings Pty Ltd T/A Shaws Cartage Contractors

[2014] FWCA 7149

[2014] FWCA 7149

FAIR WORK COMMISSION

DECISION

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

Axedale Holdings Pty Ltd T/A Shaws Cartage Contractors
(AG2014/9220)

SHAWS CARTAGE CONTRACTORS ENTERPRISE AGREEMENT 2014-2017

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 10 OCTOBER 2014

Application for approval of the Shaws Cartage Contractors Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Shaws Cartage Contractors Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Axedale Holdings Pty Ltd trading as Shaws Cartage Contractors. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 2 October 2014.

[3] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia 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, will operate from 17 October 2014. The nominal expiry date is 30 June 2017.

COMMISSIONER

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