Janala Pty Limited T/A COPE Sensitive Freight
[2024] FWCA 2670
•18 JULY 2024
| [2024] FWCA 2670 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Janala Pty Limited T/A COPE Sensitive Freight
(AG2024/2469)
COPE SENSITIVE FREIGHT NSW EA 2024
| Road transport industry | |
| COMMISSIONER P RYAN | SYDNEY, 18 JULY 2024 |
Application for approval of the COPE Sensitive Freight NSW EA 2024
Janala Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the COPE Sensitive Freight NSW EA 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.
Sections 186, 187 and 188
On the basis of the material contained in the application and accompanying declarations, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
Section 183 Bargaining Representative
The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the TWU.
Approval
The Agreement is approved. Clause 4 of the Agreement provides that the Agreement will commence operation on the first full pay period on or after approval by the Commission.
The Employer operates a weekly pay period commencing each Monday. The first full pay period to commence on or after the date of approval commences on Monday 22 July 2024. That is less than 7 days after the date of approval (s.54 of the FW Act). Accordingly, the Agreement will operate from 25 July 2024. The nominal expiry date of the Agreement is 31 May 2027.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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