Chalmers Industries Pty Ltd

[2015] FWCA 357

[2015] FWCA 357

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chalmers Industries Pty Ltd
(AG2015/1560)

CHALMERS INDUSTRIES PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2014 (EA2014)

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 14 JANUARY 2015

Application for approval of the Chalmers Industries Pty Ltd Queensland Enterprise Agreement 2014 (EA2014).

[1] An application has been made for approval of an enterprise agreement known as the Chalmers Industries Pty Ltd Queensland Enterprise Agreement 2014 (EA2014) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Chalmers Industries Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 12 January 2015 undertakings were provided by Mr E Van der Meulen, Financial Controller of the Company, in relation to clause B.22(c) (Severance Pay) of the Agreement and provision for community service leave. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has 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 that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2015. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

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Annexure A