Park Pty Ltd T/A Park Fuels
[2024] FWCA 2373
•26 JUNE 2024
| [2024] FWCA 2373 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Park Pty Ltd T/A Park Fuels
(AG2024/1938)
PARK FUELS – AWU – ENTERPRISE AGREEMENT
| Road transport industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 26 JUNE 2024 |
Application for approval of the Park Fuels – AWU – Enterprise Agreement
Introduction
Park Pty Ltd T/A Park Fuels (the Employer) has made an application for approval of an enterprise agreement known as the Park Fuels – AWU – Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06 Requirements
The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. 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. A copy of the Model Flexibility Term can be found in Annexure B.
Section 190 Undertakings
The employer 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, 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 AWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2024. The nominal expiry date of the Agreement is 3 July 2027.
DEPUTY PRESIDENT
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