BFB Pty Ltd

[2015] FWCA 7110

[2015] FWCA 7110

FAIR WORK COMMISSION

DECISION

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

BFB Pty Ltd
(AG2015/5578)

TRANSPORT WORKERS UNION BFB PTY LTD FAIR WORK AGREEMENT 2015 - 2019

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 15 OCTOBER 2015

Transport Workers union BFB Pty Ltd Fair Work agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Transport Workers union BFB Pty Ltd Fair Work agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by BFB Pty Ltd. 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) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 13 October 2015 an undertaking was provided by Mr Terry Brabin, the Company’s Chief Executive Officer, in relation to clause 25 (Redundancy) 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.

[4] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1)(a)(ii) or 205(1)(b) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

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

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 22 October 2015. The nominal expiry date is 1 January 2019.

COMMISSIONER

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Annexure A