Denrith Pty Limited T/A Divalls Bulk Haulage and Earthmoving (registered)
[2023] FWCA 1640
•6 JUNE 2023
| [2023] FWCA 1640 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Denrith Pty Limited T/A Divalls Bulk Haulage and Earthmoving (registered)
(AG2023/1405)
DENRITH TRANSPORT ENTERPRISE AGREEMENT 2022
| Road transport industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 6 JUNE 2023 |
Application for approval of the Denrith Transport Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Denrith Transport Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Denrith Pty Ltd T/A Divalls Bulk Haulage and Earthmoving (the Applicant). The Agreement is a single enterprise agreement covering a number of related entities namely Denrith Pty Ltd ABN 46 060 434 871 and Brennan’s Earthmoving Pty Ltd ABN 85 660 242 482.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 5 June 2027.
DEPUTY PRESIDENT
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