K&S Freighters

[2018] FWCA 1595

[2018] FWCA 1595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters
(AG2017/4624)

DTM BUSINESS LOGISTICS TRANSPORT WORKERS’ ENTERPRISE AGREEMENT 2017 AIR LIQUIDE VICTORIA

Road transport industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 16 MARCH 2018

Application for approval of the DTM Business Logistics Transport Workers’ Enterprise Agreement 2017 Air Liquide Victoria.

[1] An application has been made for approval of an enterprise agreement known as the DTM Business Logistics Transport Workers’ Enterprise Agreement 2017 Air Liquide Victoria (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by K&S Freighters. The Agreement is a single enterprise agreement.

[2] Subject to concerns 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from K&S Freighters. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 1 March 2020.

Printed by authority of the Commonwealth Government Printer

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Annexure A