C.J. & R.S. Kelly Pty Ltd T/A Chas Kelly Transport

[2020] FWCA 630

[2020] FWCA 630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

C.J. & R.S. Kelly Pty Ltd T/A Chas Kelly Transport
(AG2020/129)

C.J. & R.S. KELLY PTY LTD TRADING AS CHAS KELLY TRANSPORT GENERAL CARTAGE DIVISION TASMANIAN ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 FEBRUARY 2020

Application for approval of the C.J. & R.S. Kelly Pty Ltd trading as Chas Kelly Transport General Cartage Division Tasmanian Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the C.J. & R.S. Kelly Pty Ltd trading as Chas Kelly Transport General Cartage Division Tasmanian Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C.J. & R.S. Kelly Pty Ltd T/A Chas Kelly Transport. The Agreement is a single enterprise agreement.

[2] 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] I note that Clauses 7.3, 11, 14(b), 28 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Transport Workers Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2020. The nominal expiry date of the Agreement is 5 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507000 PR716470>