Metro Ice Cream Distribution Pty Ltd

[2014] FWCA 7199

[2014] FWCA 7199

FAIR WORK COMMISSION

DECISION

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

Metro Ice Cream Distribution Pty Ltd
(AG2014/7607)

METRO ICE CREAM DISTRIBUTION PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 10 OCTOBER 2014

Application for approval of the Metro Ice Cream Distribution Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Metro Ice Cream Distribution Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Metro Ice Cream Distribution Pty Ltd. The agreement is a single-enterprise agreement.

[2] Metro Ice Cream Distribution Pty Ltd has provided a signed written undertaking, as to the queries I had expressed as to clause 8.3 in relation to superannuation and clause 13 in relation to the entitlement of casual employees to unpaid compassionate leave. I am satisfied the undertaking meets my concerns.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 17 October 2014. The nominal expiry date is four (4) years from that date.

COMMISSIONER

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