Fenix-Newhaul Pty Ltd T/A Fenix Newhaul

[2021] FWCA 29

[2021] FWCA 29

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fenix-Newhaul Pty Ltd T/A Fenix Newhaul
(AG2020/3468)

FENIX-NEWHAUL AND TRANSPORT WORKERS’ UNION FAIR WORK GREENFIELDS AGREEMENT 2020

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 5 JANUARY 2021

Application for approval of the Fenix-Newhaul and Transport Workers’ Union Fair Work Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Fenix-Newhaul and Transport Workers’ Union Fair Work Greenfields 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 Fenix-Newhaul Pty Ltd T/A Fenix Newhaul.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers’ Union of Australia (the TWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the TWU and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2021. The nominal expiry date of the Agreement is 4 January 2025.

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<AE510025  PR725973>