H2Go Cart Hire Pty Ltd

[2019] FWCA 4435

[2019] FWCA 4435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H2Go Cart Hire Pty Ltd
(AG2019/430)

H2GO CART HIRE PTY LTD ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 26 JUNE 2019

Application for approval of the H2GO Cart Hire Pty Ltd enterprise agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the H2GO Cart Hire Pty Ltd enterprise agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by H2Go Cart Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error in clause 25. On 22 May 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act, correcting the error in clause 25. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[6] Subject to the Undertakings, 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.

[7] 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.

[8] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 25 June 2022.

DEPUTY PRESIDENT

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Annexure A