D'Orsogna Limited

[2014] FWCA 7405

[2014] FWCA 7405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

D'Orsogna Limited
(AG2014/9317)

D'ORSOGNA LIMITED METROPOLITAN TRANSPORT ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 20 OCTOBER 2014

Application for approval of the D'Orsogna Limited Metropolitan Transport Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the D'Orsogna Limited Metropolitan Transport Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by D'Orsogna Limited. The agreement is a single-enterprise agreement.

[2] D'Orsogna Limited has provided a signed written undertaking, in relation to clause 10 contributions into a MySuper product. I am satisfied the undertaking meets my concerns.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 27 October 2014. The nominal expiry date is three (3) years from the date of approval.

COMMISSIONER

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