Goldstar Transport Group Pty Ltd T/A Goldstar Transport

Case

[2024] FWCA 692

22 FEBRUARY 2024


[2024] FWCA 692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Goldstar Transport Group Pty Ltd T/A Goldstar Transport

(AG2024/187)

GOLDSTAR TRANSPORT AND TWU ENTERPRISE AGREEMENT 2023

Road transport industry

DEPUTY PRESIDENT DEAN

CANBERRA, 22 FEBRUARY 2024

Application for approval of the Goldstar Transport and TWU Enterprise Agreement 2023.

  1. An application has been made for approval of an enterprise agreement known as the Goldstar Transport and TWU Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goldstar Transport Group Pty Ltd T/A Goldstar Transport (Employer). The Agreement is a single enterprise agreement.

  1. The Employer 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. The undertakings are taken to be a term of the agreement.

  1. 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.

  1. The consultation term in the Agreement does not meet the requirements of s.205(1A) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 February 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE523623  PR771693>

Annexure A

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