National Heavy Vehicle Regulator

[2017] FWCA 3417

[2017] FWCA 3417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Heavy Vehicle Regulator
(AG2017/1945)

NHVR ENTERPRISE AGREEMENT 2017-2020

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 27 JUNE 2017

Application for approval of the NHVR Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the NHVR Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Heavy Vehicle Regulator. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Association of Professional Engineers Scientists and Managers Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A