Kerry Logistics (Australia) Pty Ltd

[2013] FWCA 9950

[2013] FWCA 9950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kerry Logistics (Australia) Pty Ltd
(AG2013/10263)

KERRY LOGISTICS (AUSTRALIA) PTY LTD TRANSPORT ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 18 DECEMBER 2013

Kerry Logistics (Australia) Pty Ltd Transport Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kerry Logistics (Australia) Pty Ltd Transport Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Kerry Logistics (Australia) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 9 December 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2013. The nominal expiry date of the Agreement is 24 December 2016.

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<Price code G, AE405961  PR545872>