Glen Cameron Nominees Pty Ltd

[2016] FWCA 51

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Glen Cameron Nominees Pty Ltd T/A Glen Cameron Trucking

(AG2015/7618)

GLEN CAMERON NOMINEES PTY LTD NSW EBA, 2015 - 2019

Road transport industry

COMMISSIONER ROBERTS

SYDNEY, 6 JANUARY 2016

Application for approval of the Glen Cameron Nominees Pty Ltd NSW EBA, 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the

Glen Cameron Nominees Pty Ltd NSW EBA, 2015 - 2019 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Glen Cameron Nominees

Pty Ltd T/A Glen Cameron Trucking (the Company). The Agreement is a single-enterprise

agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to

s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the

actual date of lodgement.

[3] On 4 January 2016 an undertaking was provided by the Company in relation to clause

19 (Cashing Out of Annual Leave) of the Agreement. Pursuant to s.190 of the Act, I accept

the Company’s undertaking. A copy of the undertaking is attached to this decision at

Annexure A and forms part of the Agreement.

[4] The Transport Workers’ Union of Australia 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to

this application for approval have been met.
[2016] FWCA 51

[6] The Agreement is approved and, in accordance with s.54, will operate from 13 January

2016. The nominal expiry date is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was tasked with approving an enterprise agreement known as the Glen Cameron Nominees Pty Ltd NSW EBA, 2015 - 2019, between Glen Cameron Nominees Pty Ltd, trading as Glen Cameron Trucking, and the Transport Workers' Union of Australia. The application for approval was made under section 185 of the Fair Work Act 2009. The key legal issue before the Commission was whether the agreement met the necessary criteria for approval, particularly considering that it was lodged beyond the initial 14-day period stipulated by the Act. The Commission also had to consider an undertaking provided by the company regarding clause 19 (Cashing Out of Annual Leave) of the agreement, and whether it met the requirements of section 190 of the Act.

The Commission accepted the company's undertaking regarding the cashing out of annual leave, which was attached to the decision as Annexure A. It was noted that the Transport Workers' Union of Australia had expressed its intention for the agreement to cover its members. The Commission found that the agreement met all relevant requirements under sections 186, 187, and 188 of the Act. Consequently, the agreement was approved, and it came into effect on 13 January 2016, with a nominal expiry date of 31 July 2019. The decision to approve the agreement was grounded in the fulfilment of the statutory criteria and the acceptance of the company's undertaking.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established