CEVA Logistics (Australia) Pty Ltd T/A CEVA Logistics (Australia)

[2018] FWCA 2342

[2018] FWCA 2342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CEVA Logistics (Australia) Pty Ltd T/A CEVA Logistics (Australia)
(AG2017/6748)

CEVA LOGISTICS AND TRANSPORT WORKERS' UNION NATIONAL ENTERPRISE AGREEMENT 2017-2020

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 APRIL 2018

Application for approval of the CEVA Logistics and Transport Workers' Union National Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the CEVA Logistics and Transport Workers’ Union National Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CEVA Logistics (Australia) Pty Ltd T/A CEVA Logistics (Australia). The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Transport Workers’ Union of Australia and the National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[7] The Agreement was approved on 24 April 2018 and, in accordance with s.54, will operate from 1 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE428131  PR606292>

Annexure A