BevChain Australia Pty Ltd

[2019] FWCA 4718

[2019] FWCA 4718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BevChain Australia Pty Ltd
(AG2018/6580)

BEVCHAIN (VICTORIA) AGREEMENT 2018

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 5 JULY 2019

Application for approval of the BevChain (Victoria) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BevChain (Victoria) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BevChain Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure 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.

[3] 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.

[4] The Transport Workers’ Union of Australia, and the National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved. Despite clause 1.3 of the Agreement, the Agreement will operate from 12 July 2019, in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A