Border Express

[2013] FWCA 2251

[2013] FWCA 2251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Border Express
(AG2013/5704)

BORDER EXPRESS PTY LTD TRANSPORT EMPLOYEES SYDNEY AND NEWCASTLE SITE AGREEMENT 2012-2015

Road transport industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 12 APRIL 2013

Application for approval of the Border Express Pty Ltd Transport Employees Sydney and Newcastle Site Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Border Express Pty Ltd Transport Employees Sydney and Newcastle Site Agreement 2012-2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Border Express Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 20 March 2013.

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

[4] The Transport Workers’ Union of Australia, NSW Branch, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 19 April 2016.

SENIOR DEPUTY PRESIDENT

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