Martin Brower Australia Pty Ltd

[2014] FWCA 3022

[2014] FWCA 3022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin Brower Australia Pty Ltd
(AG2014/5133)

MARTIN BROWER AUSTRALIA PTY LTD AND TRANSPORT WORKERS UNION OF AUSTRALIA - NEW SOUTH WALES ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 7 MAY 2014

Application for approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia - New South Wales Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia - New South Wales Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Martin Brower Australia Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 17 April 2014 undertakings were provided by Mr I Lilley, the Company’s Head of Human Resources ANZ, in relation to clause 41 (Shift Work) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2014. The nominal expiry date of the Agreement is 1 May 2017.

COMMISSIONER

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Annexure A