ComfortDelGro Cabcharge Pty Ltd

[2013] FWCA 1970

[2013] FWCA 1970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ComfortDelGro Cabcharge Pty Ltd
(AG2013/534)

COMFORTDELGRO CABCHARGE PTY LTD AND THE TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 3 APRIL 2013

Application for approval of the ComfortDelGro Cabcharge Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the ComfortDelGro Cabcharge Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 7 March 2013.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning clause 37 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] 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. As required by s.201(2) I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 10 April 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Annexure A

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