DM & MT Nolan Pty Ltd T/A Nolan's Interstate Transport

Case

[2024] FWCA 1215

4 APRIL 2024


[2024] FWCA 1215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

DM & MT Nolan Pty Ltd T/A Nolan's Interstate Transport

(AG2024/133)

NOLAN’S TRANSPORT ENTERPRISE AGREEMENT 2023

Road transport industry

DEPUTY PRESIDENT WRIGHT

SYDNEY, 4 APRIL 2024

Application for approval of Nolan’s Transport Enterprise Agreement 2023

Introduction

  1. DM & MT Nolan Pty Ltd T/A Nolan's Interstate Transport (the Employer) has made an application for approval of an enterprise agreement known as the Nolan’s Transport Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

  1. The Transport Workers’ Union (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the TWU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2024. The nominal expiry date of the Agreement is 4 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE524097  PR773191>

Annexure A

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