Glen Cameron Nominees Pty Ltd

[2021] FWCA 2558

[2021] FWCA 2558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glen Cameron Nominees Pty Ltd
(AG2021/4663)

GLEN CAMERON NOMINEES PTY LTD NSW ENTERPRISE AGREEMENT - 2021-2024

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 MAY 2021

Application for approval of the Glen Cameron Nominees Pty Ltd NSW Enterprise Agreement - 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement to be known as the Glen Cameron Nominees Pty Ltd NSW Enterprise Agreement - 2021 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Glen Cameron Nominees Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 4 May 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Various issues as to non-compliance with pre-approval requirements were raised by the Commission with the Employer. Having regard to the submissions and further evidence of the Employer provided on 3 May 2021, I find that all of the issues as to non-compliance with pre-approval requirements under Division 3, and Subdivision B of Division 4, of the Act, are minor procedural or technical errors, and that the Agreement was genuinely agreed to by relevant employees notwithstanding same. I am also satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the errors. 1

[4] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Transport Workers’ Union of Australia (TWU).

[5] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] Subject to the undertakings referred to above, 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.

[7] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2021. The nominal expiry date of the Agreement is 4 August 2024.

DEPUTY PRESIDENT

Annexure A

 1 See s.182 of the Fair Work Act 2009.

Printed by authority of the Commonwealth Government Printer

<AE511353  PR729572>