Elgas Limited
[2021] FWCA 939
•22 FEBRUARY 2021
| [2021] FWCA 939 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Elgas Limited
(AG2021/64)
ELGAS LIMITED PLANT OPERATORS DANDENONG BULK TERMINAL – TWU WORKPLACE AGREEMENT 2020
Manufacturing and associated industries | |
COMMISSIONER CIRKOVIC | MELBOURNE, 22 FEBRUARY 2021 |
Application for approval of the Elgas Limited Plant Operators Dandenong Bulk Terminal - TWU Workplace Agreement 2020.
[1] An application has been made for approval of an enterprise agreement known as the Elgas Limited Plant Operators Dandenong Bulk Terminal – TWU Workplace Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elgas Limited. The Agreement is a single enterprise agreement.
[2] The employer has 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.
[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
[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) I note that the Agreement covers the organisation.
[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[6] The Agreement was approved on 22 February 2021 and, in accordance with s.54, will operate from 1 March 2021. The nominal expiry date of the Agreement is 30 June 2021.
COMMISSIONER
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ANNEXURE A-
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