Central (Nt) Refuellers Pty Ltd T/A Central (Nt) Refuellers
[2024] FWCA 619
•14 FEBRUARY 2024
| [2024] FWCA 619 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Central (Nt) Refuellers Pty Ltd T/A Central (Nt) Refuellers
(AG2024/211)
CENTRAL (NT) REFUELLERS PTY LTD ENTERPRISE AGREEMENT 2023
| Road transport industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 14 FEBRUARY 2024 |
Application for approval of the Central (NT) Refuellers Pty Ltd Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Central (NT) Refuellers Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Central (Nt) Refuellers Pty Ltd T/A Central (Nt) Refuellers (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 12 February 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
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Annexure A
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