Janala Pty Limited T/A COPE Sensitive Freight

Case •

[2024] FWCA 2875

•

6 AUGUST 2024
[2024] FWCA 2875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Janala Pty Limited T/A COPE Sensitive Freight

(AG2024/2545)

COPE SENSITIVE FREIGHT ENTERPRISE AGREEMENT (VICTORIA) 2024

Road transport industry

COMMISSIONER ALLISON

MELBOURNE, 6 AUGUST 2024

Application for approval of the COPE Sensitive Freight Enterprise Agreement (Victoria) 2024

  1. Janala Pty Limited T/A COPE Sensitive Freight (the Employer) has made an application pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single-enterprise agreement known as the COPE Sensitive Freight Enterprise Agreement (Victoria) 2024 (the Agreement).

  1. The Transport Workers’ Union of Australia (TWU), 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 TWU.

  1. Clause 5 of the Agreement outlines its relationship to the Road Transport and Distribution Award 2020 (the Award) but does not expressly incorporate the Award. The Employer provided a written undertaking that the Award is incorporated into the Agreement.

  1. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

  1. The Agreement does not contain a delegates’ rights term as required by s.205A of the Act. However noting the undertaking provided by the employer, I am satisfied that the delegates’ rights term in the Award will apply to the Agreement.

  1. Subject to the undertaking referred to above, 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2024. The nominal expiry date of the Agreement is 30 June 2026.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE525694  PR777880>

Annexure A

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0