Driver Group Australia Pty Ltd

[2014] FWCA 4665

[2014] FWCA 4665

The attached document replaces the document previously issued with the above code on 11 July 2014.

The Decision has been refiled to correct a typographical error in the preamble.

Associate to Commissioner Roe

Dated 15 July 2014

[2014] FWCA 4665

FAIR WORK COMMISSION

DECISION

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

Driver Group Australia Pty Ltd
(AG2014/6457)

DRIVERS GROUP DRIVERS ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
COMMISSIONER ROE	MELBOURNE, 11 JULY 2014

Application for approval of the Drivers Group Drivers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Drivers Group Drivers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Driver Group Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 25 June 2014. On 7 July 2014 I received a signed undertaking in response to the queries from Mark Driver, Managing Director of the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A), pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] As the agreement does not contain a flexibility term that meets the requirements of the legislation, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2014. The nominal expiry date of the Agreement is 11 July 2017.

COMMISSIONER

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