Martin Brower Australia Pty Ltd T/A Martin Brower Australia Pty Ltd
[2022] FWCA 3873
•3 NOVEMBER 2022
| [2022] FWCA 3873 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Martin Brower Australia Pty Ltd T/A Martin Brower Australia Pty Ltd
(AG2022/4298)
Martin Brower Australia Pty Ltd and Transport Workers Union of Australia - National Enterprise Agreement 2022
| Road transport industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 3 NOVEMBER 2022 |
Application for approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia - National Enterprise Agreement 2022.
Martin Brower Australia Pty Ltd T/A Martin Brower Australia Pty Ltd (the Employer) has made an application for the approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia - National Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
The Transport Workers’ Union of Australia (TWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the TWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518059 PR747603>
Annexure A
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