Broadspectrum (Australia) Pty Ltd
[2019] FWCA 1168
•22 FEBRUARY 2019
| [2019] FWCA 1168 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Broadspectrum (Australia) Pty Ltd
(AG2018/4744)
BROADSPECTRUM REFUELLING & ASSOCIATED SERVICES ENTERPRISE AGREEMENT 2018
Road transport industry | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 22 FEBRUARY 2019 |
Application for approval of the Broadspectrum Refuelling & Associated Services Enterprise Agreement 2018.
[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum Refuelling & Associated Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broadspectrum (Australia) Pty Ltd. The agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[4] The Agreement lodged contained an error at Clause 39.2. On 15 February 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
[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 wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[6] The Agreement was approved on 22 February 2019 and, in accordance with s.54, will operate from 1 March 2019. The nominal expiry date of the Agreement is 30 June 2021.
DEPUTY PRESIDENT
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