CFC Consolidated Pty Ltd

[2014] FWCA 2052

[2014] FWCA 2052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CFC Consolidated Pty Ltd
(AG2014/3881)

CFC CONSOLIDATED PTY LTD & TWU - PILBARA DRIVERS AND FREIGHT OFFICERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 27 MARCH 2014

Application for approval of the CFC Consolidated Pty Ltd & TWU - Pilbara Drivers and Freight Officers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CFC Consolidated Pty Ltd & TWU - Pilbara Drivers and Freight Officers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CFC Consolidated Pty Ltd (the company). The Agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking relating to the superannuation provisions at clause 6 of the Agreement. The 13 Employee Bargaining Representatives listed in the Employer’s Form F16 were provided with an opportunity to respond to the undertaking and The Transport Workers’ Union of Australia - Western Australian Branch (TWU) has provided written support for the undertaking.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 3 April 2014. The nominal expiry date is three years from the date of commencement.

COMMISSIONER

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