Martin Brower Australia Pty Ltd

[2021] FWCA 2347

[2021] FWCA 2347

FAIR WORK COMMISSION

DECISION

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

Martin Brower Australia Pty Ltd
(AG2021/287)

MARTIN BROWER AUSTRALIA PTY LTD AND TRANSPORT WORKERS UNION OF AUSTRALIA- DRIVERS ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 3 MAY 2021

Application for approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia- Drivers Enterprise Agreement 2020.

[1] Martin Brower Australia Pty Ltd (the Applicant) have applied for approval of an enterprise agreement known as the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia- Drivers Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 February 2021.

[3] On 8 April 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 8 April 2021. The undertaking deals with the following topics:

•  The definition of a shift worker is amended consistent with, and will be for the purposes of, the National Employment Standards (NES),

•  Clause 28, which deals with job abandonment, is amended to be consistent with the NES,

•  Clause 48, which deals with carer’s leave, is amended to be consistent with the NES.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Transport Workers’ Union”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511222 PR729022>