Bevchain Pty Ltd

[2014] FWCA 8973

[2014] FWCA 8973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bevchain Pty Ltd
(AG2014/10141)

BEVCHAIN NEW SOUTH WALES AND TRANSPORT WORKERS’ UNION ROAD TRANSPORT AND DISTRIBUTION CENTRES AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 DECEMBER 2014

Application for approval of the Bevchain New South Wales and Transport Workers’ Union Road Transport and Distribution Centres Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bevchain New South Wales and Transport Workers’ Union Road Transport and Distribution Centres Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bevchain Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 10 December 2014 an undertaking was provided by Mr N Leon, the Company’s in-house lawyer, in relation to clause 55.5 (Redundancy Pay) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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Annexure A