K&S Freighters Pty Ltd

[2015] FWCA 5851

[2015] FWCA 5851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K&S Freighters Pty Ltd
(AG2015/4261)

NEWCASTLE DRIVERS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 24 AUGUST 2015

Application for approval of the Newcastle Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Drivers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by K&S Freighters Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 20 August 2015 an undertaking was provided by Ms K Evans, the Company’s General Manager Human Resources, in relation to clause 21 (Redundancy) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia 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, will operate from 31 August 2015. The nominal expiry date is 10 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE415423  PR571163>

Annexure A