Harbrew Pty Limited T/A McAleese Transport

[2014] FWCA 4022

[2014] FWCA 4022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harbrew Pty Limited T/A McAleese Transport
(AG2014/1307)

MCALEESE TRANSPORT WHEATSTONE PROJECT AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 18 JUNE 2014

Application for approval of the McAleese Transport Wheatstone Project Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the McAleese Transport Wheatstone Project Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Harbrew Pty Limited T/A McAleese Transport (the Company). The agreement is a single-enterprise agreement.

[2] On 16 June 2014 undertakings were provided by Ms C Stonehouse, the Company’s Human Resources Officer, in relation to clause 7 (Issue Resolution Procedure) and Appendix 5 (Consultation Regarding Major Workplace Change) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202 of the Act the model flexibility term is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Australian Workers’ Union West Australian Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2014. The nominal expiry date of the Agreement is 17 June 2018.

COMMISSIONER

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Annexure A