Cranbourne Transit Admin Pty Ltd atf Cranbourne Admin Unit Trust T/A Cranbourne Transit Pty Ltd

[2019] FWCA 7522

[2019] FWCA 7522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cranbourne Transit Admin Pty Ltd atf Cranbourne Admin Unit Trust T/A Cranbourne Transit Pty Ltd
(AG2019/3919)

CRANBOURNE TRANSIT ADMIN PTY LTD ATF CRANBOURNE TRANSIT ADMIN UNIT TRUST MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2019 - 2023

Vehicle industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 31 OCTOBER 2019

Application for approval of the Cranbourne Transit Admin Pty Ltd atf Cranbourne Transit Admin Unit Trust Maintenance Services Enterprise Agreement 2019 - 2023.

[1] Cranbourne Transit Admin Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Cranbourne Transit Admin Pty Ltd atf Cranbourne Transit Admin Unit Trust Maintenance Services Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, and the additional information provided by the Employer, 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] I observe that clause 24.4 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 31 October 2019 and, in accordance with s 54, will operate from 7 November 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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