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

[2014] FWCA 3736

[2014] FWCA 3736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CJ & RS Kelly Pty Ltd T/A Chas Kelly Transport
(AG2014/3692)

C J & R S KELLY PTY LTD TRADING AS CHAS KELLY TRANSPORT GENERAL CARTAGE DIVISION TASMANIAN ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 4 JUNE 2014

Application for approval of the C J & R S Kelly Pty Ltd trading as Chas Kelly Transport General Cartage Division Tasmanian Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the C J & R S Kelly Pty Ltd trading as Chas Kelly Transport General Cartage Division Tasmanian Enterprise Agreement 2013 (the Agreement). The application was made by CJ and RS Kelly Pty Ltd T/A Chas Kelly Transport pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The consultation provision at clause 31 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 11 June 2014. The nominal expiry date of the Agreement is 3 June 2017.

COMMISSIONER

Annexure A:

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