CDC Sydney Pty Ltd T/A CDC Sydney

[2021] FWCA 674

[2021] FWCA 674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CDC Sydney Pty Ltd T/A CDC Sydney
(AG2020/3997)

CDC SYDNEY DRIVERS AGREEMENT 2020

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 11 FEBRUARY 2021

Application for approval of the CDC Sydney Drivers Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the CDC Sydney Drivers Agreement 2020 (the Agreement). The application was made by CDC Sydney Pty Ltd T/A CDC Sydney pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers' Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement lodged contained an error at clause 3(b) regarding the nominal expiry date. On 4 February 2021, the Applicant filed an amended Agreement, fixing the 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers' Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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