Hartfell Pty Ltd ATF The Haylock Family Trust T/A Emerald Carrying Co

[2022] FWCA 632

[2022] FWCA 632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hartfell Pty Ltd ATF The Haylock Family Trust T/A Emerald Carrying Co

(AG2022/243)

Emerald Carrying Company (North QLD) Bulk Liquids Enterprise Agreement 2021

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 24 FEBRUARY 2022

Application for approval of the Emerald Carrying Company (North QLD) Bulk Liquids Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Emerald Carrying Company (North QLD) Bulk Liquids Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hartfell Pty Ltd ATF The Haylock Family Trust T/A Emerald Carrying Co (the Applicant). The Agreement is a single enterprise agreement.

1. Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to 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 10 March 2022. The nominal expiry date of the Agreement is 24 February 2026.

COMMISSIONER

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