Fuel Distributors of WA Pty Ltd
[2024] FWCA 2630
•31 JULY 2024
| [2024] FWCA 2630 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fuel Distributors of WA Pty Ltd
(AG2024/2340)
FUEL DISTRIBUTORS OF WA PTY LTD TRANSPORT OPERATIONS ENTERPRISE AGREEMENT 2024
| Road transport industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 31 JULY 2024 |
Application for approval of the Fuel Distributors of WA Pty Ltd Transport Operations Enterprise Agreement 2024
Fuel Distributors of WA Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Fuel Distributors of WA Pty Ltd Transport Operations Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
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.
In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.
The Transport Workers’ Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 31 July 2024 and, in accordance with s 54, will operate from 7 August 2024. The nominal expiry date of the Agreement is 31 July 2027.
DEPUTY PRESIDENT
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Annexure A
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