CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust

[2021] FWCA 4743

[2021] FWCA 4743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust
(AG2021/6232)

CFC CONSOLIDATED PTY LTD AS TRUSTEE FOR THE CFC EMPLOYMENT TRUST - GASCOYNE AND KIMBERLEY DRIVERS AND FREIGHT OFFICERS ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 4 AUGUST 2021

Application for approval of the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust - Gascoyne and Kimberley Drivers and Freight Officers Enterprise Agreement 2021.

[1] CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust has applied for approval of a single enterprise agreement known as the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust - Gascoyne and Kimberley Drivers and Freight Officers Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns which was not opposed by the bargaining representatives.

[3] On the basis of the material contained in the application and further information provided, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 4 August 2021 and, in accordance with s.54, will operate from 11 August 2021. The nominal expiry date of the Agreement is 11 August 2023.

DEPUTY PRESIDENT

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