Pentarch Logistics Pty Ltd

Case

[2022] FWCA 2574

2 AUGUST 2022


[2022] FWCA 2574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pentarch Logistics Pty Ltd

(AG2022/3092)

Pentarch Logistics Pty Ltd Victoria Enterprise Agreement 2021

Timber and paper products industry

DEPUTY PRESIDENT BELL

MELBOURNE, 2 AUGUST 2022

Application for approval of the Pentarch Logistics Pty Ltd Victoria Enterprise Agreement 2021.

  1. An application has been made for approval of an enterprise agreement known as the Pentarch Logistics Pty Ltd Victoria Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pentarch Logistics Pty Ltd. The Agreement is a single enterprise agreement.

  1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Construction, Forestry, Maritime, Mining and Energy Union, 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 organisation.

  1. The Agreement was approved on 2 August 2022 and, in accordance with s.54, will operate from 9 August 2022. The nominal expiry date of the Agreement is 31 October 2024.


DEPUTY PRESIDENT

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