C.J & R.S Kelly Pty Ltd Trading AS Chas Kelly Transport
[2025] FWCA 1063
•27 MARCH 2025
| [2025] FWCA 1063 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
C.J & R.S Kelly Pty Ltd Trading AS Chas Kelly Transport
(AG2025/536)
C.J. & R.S. KELLY PTY LTD TRADING AS CHAS KELLY TRANSPORT WOODCHIP CARTAGE DIVISION TASMANIAN ENTERPRISE AGREEMENT
| Road transport industry | |
| COMMISSIONER PERICA | MELBOURNE, 27 MARCH 2025 |
Application for approval of the C.J. & R.S. Kelly Pty Ltd trading as Chas Kelly Transport Woodchip Cartage Division Tasmanian Enterprise Agreement
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 Woodchip Cartage Division Tasmanian Enterprise Agreement (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Transport Workers’ Union of Australia being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
The Agreement is approved today 27 March 2025. It will operate from 3 April 2025 as required by section 54 of the Act. The nominal expiry date is 27 March 2029.
COMMISSIONER
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