Bonney Energy Pty Ltd
[2014] FWCA 4433
•3 JULY 2014
[2014] FWCA 4433 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bonney Energy Pty Ltd
(AG2014/6055)
BONNEY ENERGY FUEL DELIVERY DRIVERS ENTERPRISE AGREEMENT 2014
Road transport industry | |
COMMISSIONER ROBERTS | SYDNEY, 3 JULY 2014 |
Application for approval of the Bonney Energy Fuel Delivery Drivers Enterprise Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the Bonney Energy Fuel Delivery Drivers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bonney Energy Pty Ltd (the Company). 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 19 and 30 June 2014 undertakings were provided by Mr P Molineux, the Company’s Chief Executive Officer, in relation to clause 3 (Definition of Casual Employee), clause 7 (Hours of work) and clause 29 (Trainee Employees) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. Copies of the undertakings are attached to this decision at Annexures A and B and form part of the Agreement.
[4] 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.
[5] 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2014. The nominal expiry date of the Agreement is 31 December 2016.
COMMISSIONER
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Annexure A
Annexure B
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