Peter Stoitse Transport Pty Ltd
[2021] FWCA 6914
•30 NOVEMBER 2021
| [2021] FWCA 6914 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Peter Stoitse Transport Pty Ltd
(AG2021/8130)
Peter Stoitse Transport Milk Enterprise Agreement 2021
| Road transport industry | |
| DEPUTY PRESIDENT MANSINI | MELBOURNE, 30 NOVEMBER 2021 |
Application for approval of the Peter Stoitse Transport Milk Enterprise Agreement 2021.
Application has been made for approval of a single enterprise agreement known as the Peter Stoitse Transport Milk Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth) (the Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).
Since the application was made, the Commission raised concerns about whether the Agreement passes the “better off overall” test and contains the mandatory terms.
Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives either supported or did not oppose the 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.
The model consultation term prescribed by the Regulations is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.
Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.
On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.
The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.
The Agreement was approved on 30 November 2021 and, in accordance with s.54, will operate from 7 December 2021. The nominal expiry date of the Agreement is 1 July 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE514095 PR736311>
Annexure A
0
0