Flemington Fields Pty Ltd t/a GKR Transport

[2015] FWCA 8348

[2015] FWCA 8348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flemington Fields Pty Ltd t/a GKR Transport
(AG2015/6574)

TRANSPORT WORKERS UNION OF WESTERN AUSTRALIA AND GKR TRANSPORT LINEHAUL COLLECTIVE AGREEMENT 2015

Road transport industry
COMMISSIONER GREGORY	SYDNEY, 3 DECEMBER 2015

Application for approval of the Transport Workers Union of Western Australia and GKR Transport Linehaul Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transport Workers Union of Western Australia and GKR Transport Linehaul Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flemington Fields Pty Ltd t/a GKR Transport. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2015. The nominal expiry date of the Agreement is 9 December 2018.

COMMISSIONER

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Annexure A