Cleary Bros (Bombo) Pty Ltd

[2013] FWCA 4909

[2013] FWCA 4909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd
(AG2013/7124)

CLEARY BROS (BOMBO) PTY LIMITD CONCRETE EMPLOYEES ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 22 JULY 2013

Application for approval of the Cleary Bros (Bombo) Pty Limited Concrete Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Limited Concrete Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cleary Bros (Bombo) Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 18 July 2013 an undertaking was provided by Mr B Elvy, the Company’s Chief Executive Officer, in relation to clause 15.2 (Disputes Settlement Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking 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 29 July 2013. The nominal expiry date of the Agreement is 28 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE402535  PR539190>

Annexure A