Black & White Cabs

[2014] FWCA 1707

[2014] FWCA 1707

FAIR WORK COMMISSION

DECISION

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

Black & White Cabs
(AG2014/3915)

BLACK & WHITE CABS UNION COLLECTIVE AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 14 MARCH 2014

Application for approval of the Black & White Cabs Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Black & White Cabs Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Black & White Cabs Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided written undertakings in relation to the severance pay provisions provided at Section 4.7.6 of the Agreement and adherence from the Employer that the 2014 Model Consultation clause found at Schedule 2.3 of the Fair Work Regulations 2009 will apply to this Agreement.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to 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 Australian Municipal, Administrative, Clerical and Services Union 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 21 March 2014. The nominal expiry date is 30 June 2016.

COMMISSIONER

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