National Fleet Administrative Services Pty Ltd

[2013] FWCA 6325

[2013] FWCA 6325

FAIR WORK COMMISSION

DECISION

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

National Fleet Administrative Services Pty Ltd
(AG2013/2380)

NATIONAL FLEET ADMINISTRATIVE SERVICES P/L: SA COMPANY DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 30 AUGUST 2013

Application for approval of the National Fleet Administrative Services P/L: SA Company Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the National Fleet Administrative Services P/L: SA Company Drivers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by National Fleet Administrative Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to overtime rates in clauses 17 and 20, the notice period for probationary employees in clause 21, the payment for Jury Duty in clause 23.7 and the meal allowance in clause 36 of the Agreement. The employee bargaining representative has also signed the undertaking.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted 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 6 September 2013. The nominal expiry date is three (3) years from that date.

COMMISSIONER

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