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

[2013] FWCA 168

[2013] FWCA 168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

CJ & RS Kelly Pty Ltd T/A Chas Kelly Transport
(AG2013/12)

C.J. & R.S. KELLY PTY LTD TRADING AS CHAS KELLY TRANSPORT - LYSAGHT CARTAGE ENTERPRISE AGREEMENT 2012

Road transport industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 10 JANUARY 2013

Application for approval of the C.J. & R.S. Kelly Pty Ltd trading as Chas Kelly Transport - Lysaght Cartage Enterprise Agreement 2012.

[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 - Lysaght Cartage Enterprise Agreement 2012 (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] 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 January 2013. The nominal expiry date of the Agreement is 9 January 2016.

[5] 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.

SENIOR DEPUTY PRESIDENT

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