Don Watson Proprietary Limited
[2024] FWCA 2561
•29 JULY 2024
| [2024] FWCA 2561 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Don Watson Proprietary Limited
(AG2024/2096)
| Road transport industry | |
| COMMISSIONER WILSON | MELBOURNE, 29 JULY 2024 |
Application for approval of the Don Watson Long Distance Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Don Watson Long Distance Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Don Watson Proprietary Limited (the Applicant). The Agreement is a single enterprise agreement.
The copy of the Agreement filed with the application for approval did not meet the requirements of Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). An amended signature page was later filed that met the requirements of the Regulations. I consider it appropriate in the circumstances to allow the amendment of the Agreement to include the amended signature page pursuant to s. 586(a) of the Act.
The Applicant has provided written undertakings, see Annexure A below. 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.
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.
The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 29 July 2028.
COMMISSIONER
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ANNEXURE A
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