Daromin Engineering Pty Ltd T/A Daracon Plant Hire, Daracon Heavy Haulage

[2015] FWCA 8540

[2015] FWCA 8540

FAIR WORK COMMISSION

DECISION

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

Daromin Engineering Pty Ltd T/A Daracon Plant Hire, Daracon Heavy Haulage
(AG2015/6318)

DARACON GROUP HUNTER REGION TRANSPORT WORKERS ENTERPRISE AGREEMENT 2015-2019

Road transport industry
COMMISSIONER SAUNDERS	NEWCASTLE, 22 DECEMBER 2015

Application for approval of the DARACON Group Hunter Region Transport Workers Enterprise Agreement 2015-2019.

[1] An application has been made by Daromin Engineering Pty Ltd t/a Daracon Plant Hire, Daracon Heavy Haulage for approval of an enterprise agreement known as the DARACON Group Hunter Region Transport Workers Enterprise Agreement 2015-2019 (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] On the basis of the material contained in the application and the accompanying statutory declarations, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] Three employees who will be covered by the Agreement initially objected to the Agreement being approved on the basis that it did not include a number of benefits they wanted, and sought (unsuccessfully) to negotiate, in the Agreement. However, after being given the opportunity to obtain advice, those objections were withdrawn.

[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 wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 21 December 2019.

COMMISSIONER

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