K & S Freighters

[2015] FWCA 5152

[2015] FWCA 5152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & S Freighters
(AG2015/3317)

DTM WA FREMANTLE AND TWU (WA) FUEL TRANSPORT AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 JULY 2015

Application for approval of the DTM WA Fremantle and TWU (WA) Fuel Transport Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the DTM WA Fremantle and TWU (WA) Fuel Transport Agreement 2015 (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] 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 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 July 2015 and, in accordance with s.54, will operate from 5 August 2015. The nominal expiry date of the Agreement is 30 July 2018.

DEPUTY PRESIDENT

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