Intermodal Group Pty Ltd

[2019] FWCA 3477

[2019] FWCA 3477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intermodal Group Pty Ltd
(AG2019/352)

INTERMODAL SUPPLY CHAIN SERVICES AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 MAY 2019

Application for approval of the Intermodal Supply Chain Services Agreement 2019.

[1] Intermodal Group Pty Ltd has made an application for the approval of an enterprise agreement known as the Intermodal Supply Chain Services Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] The Applicant identified a typographical error in the Form F16 - Application for approval of enterprise agreement (other than a greenfields agreement) and provided the Commission with an amended Form F16. This amended Form F16 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the amended Form F16, and that it is appropriate to do so pursuant to s 586.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The Agreement was approved on 20 May 2019 and, in accordance with s 54, will operate from 27 may 2019. The nominal expiry date of the Agreement is 19 May 2023.

DEPUTY PRESIDENT

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Annexure A