Harvey's Towing Qld Pty Ltd T/A Harvey's Towing Services
[2024] FWCA 2096
•6 JUNE 2024
| [2024] FWCA 2096 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Harvey’s Towing Qld Pty Ltd T/A Harvey’s Towing Services
(AG2024/1761)
HARVEY’S ENTERPRISE AGREEMENT 2024
| Vehicle industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 6 JUNE 2024 |
Application for approval of the Harvey’s Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Harvey’s Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Harvey's Mechanical & Welding Services Pty Ltd, Harvey’s Towing QLD Pty Ltd trading as Harvey’s Towing Service, the South East Queensland Investments Pty Ltd trading as Coastbay Auto Service Centre, and the Midcoast Towing QLD Pty Ltd trading as Midcoast Towing (Employers). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 5 June 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Vehicle Repair, Services and Retail Award 2020 and the Clerks – Private Sector Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2024. The nominal expiry date of the Agreement is 6 June 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE524934 PR775752>
Annexure A
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