Mini Movers Pty Ltd T/A Mini Movers

Case

[2024] FWCA 547

7 FEBRUARY 2024


[2024] FWCA 547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mini Movers Pty Ltd T/A Mini Movers

(AG2023/5511)

MINIMOVERS PTY LTD QUEENSLAND OPERATORS COLLECTIVE AGREEMENT 2023

Road transport industry

COMMISSIONER DURHAM

BRISBANE, 7 FEBRUARY 2024

Application for approval of the MiniMovers Pty Ltd Queensland Operators Collective Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the MiniMovers Pty Ltd Queensland Operators Collective Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mini Movers Pty Ltd T/A Mini Movers (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

  1. With respect to concerns raised regarding shiftworkers, the Employer has confirmed that they do not engage any workers on shiftwork arrangements and that the definition of shiftworker was included purely to satisfy the National Employment Standards. I am consequently satisfied that per s. 193A(6A), that shiftworkers are not a type of employment that is reasonably foreseeable for the purposes of s.193A(6) of the Act and the better off overall test.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.




COMMISSIONER

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