CJ & RS Kelly Pty Ltd T/A Chas Kelly Transport

[2018] FWCA 3419

[2018] FWCA 3419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CJ & RS Kelly Pty Ltd T/A Chas Kelly Transport
(AG2018/334)

C J & R S KELLY PTY LTD TRADING AS CHAS KELLY TRANSPORT - BOC - TASMANIAN ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2018

Application for approval of the C J & R S Kelly Pty Ltd trading as Chas Kelly Transport - BOC - Tasmanian Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the C J & R S Kelly Pty Ltd trading as Chas Kelly Transport - BOC - Tasmanian Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CJ & RS Kelly Pty Ltd T/A Chas Kelly Transport. 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, 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] 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.

[5] I note the Clause 24 is inconsistent with the National Employment Standards as it states that employees may be terminated without notice for various reasons not contemplated by the Act. Given the National Employment Standards precedence clause at Clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 7 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE428776  PR608025>

Annexure A