Kalgoorlie Taxi Car Owners Co-operative Ltd T/A Twin City Cabs

[2010] FWA 8428

[2010] FWA 8428

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.320—Variation of transferable instrument

Kalgoorlie Taxi Car Owners Co-operative Ltd T/A Twin City Cabs
(AG2010/10503)

RADIO OPERATORS EMPLOYMENT AGREEMENT 2010

Clerical industry
COMMISSIONER WILLIAMS	PERTH, 1 NOVEMBER 2010

Application to vary an agreement.

[1] An application has been made to vary the Radio Operators Employment Agreement 2010 (the Agreement) to remove ambiguity or uncertainty from the Agreement’s Comparison of Wages Award to Flat Rate contained in Attachment 1: Schedule A.

[2] The application was made by the Kalgoorlie Taxi Car Owners Co-Operative Ltd trading as Twin City Cabs (the Applicant), pursuant to s.217 of the Fair Work Act 2009 (the Act).

[3] Section 217 of the Act provides:

“(1) FWA may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.

(2) If FWA varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.”

[4] I note that in writing the Applicant has advised the Tribunal that all its employees are aware of the application to vary the Agreement, support the application and it was the employees whom initially raised the uncertainty that this application seeks to resolve.

[5] I accept that the Comparison of Wages Award to Flat Rate contained in Attachment 1: Schedule A of the Agreement does create some uncertainty.

[6] Pursuant to s.217 of the Act, I approve the attached variation, as sought, to remove the uncertainty.

[7] The variation operates from 1 November 2010.

COMMISSIONER

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