Martin Brower Australia Pty Ltd

[2013] FWCA 8407

[2013] FWCA 8407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin Brower Australia Pty Ltd
(AG2013/10940)

MARTIN BROWER AUSTRALIA PTY LTD AND TRANSPORT WORKERS UNION OF AUSTRALIA - NATIONAL ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 OCTOBER 2013

Application for approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia - National Enterprise Agreement 2013.

[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 - National Enterprise Agreement 2013 (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 22 October 2013 an undertaking was provided by the Company’s Head of Human Resources ANZ, Mr I Lilley, in relation to clause 15 (Introduction of Major Change in the Workplace) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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Annexure A