CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport
[2022] FWCA 2208
•6 JULY 2022
| [2022] FWCA 2208 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust T/A Centurion Transport
(AG2022/1988)
CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust & TWU - National Freight Officer Enterprise Agreement 2021
| Road transport industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 6 JULY 2022 |
Application for approval of the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust & TWU - National Freight Officer Enterprise Agreement 2021
Centurion Transport has applied for approval of an enterprise agreement known as the CFC Consolidated Pty Ltd as Trustee for the CFC Employment Trust & TWU - National Freight Officer Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, 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.
The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 25 - Annual Leave; and
· Clause 32 – Public Holidays.
However, noting clause 3.1 of the Agreement, 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 13 July 2022. The nominal expiry date of the Agreement is 12 July 2025.
COMMISSIONER
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Annexure A
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