Point 2 Point Secure Pty Ltd
[2022] FWCA 2486
•22 JULY 2022
| [2022] FWCA 2486 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Point 2 Point Secure Pty Ltd
(AG2022/1801)
Point 2 Point Secure Western Australia Operations Enterprise Agreement 2022
| Road transport industry | |
| COMMISSIONER P RYAN | BRISBANE, 22 JULY 2022 |
Application for approval of the Point 2 Point Secure Western Australia Operations Enterprise Agreement 2022
Point 2 Point Secure Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Point 2 Point Secure Western Australia Operations Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Form F16 and Form F17
The Form F16 and Form F17 identified the applicant and employer as Linfox Armaguard Pty Ltd (Linfox). Linfox is a related entity of the Employer but is not an employer covered by the Agreement and was not appointed by the Employer as a bargaining representative.
An amended Form F16 and Form F17 was subsequently filed seeking to amend the applicant to Point 2 Point Secure Pty Ltd. I consider it appropriate in the circumstances to allow the amendments pursuant to s.586(a) of the Act and waive any irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the Act.
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
Sections 186, 187 and 188
Subject to the undertakings referred to above, 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.
Model Consultation Term
The Agreement does not contain a consultation term, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Section 183 Bargaining representative
The Transport Workers Union (TWU) 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) of the Act, I note that the Agreement covers the TWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2022. The nominal expiry date of the Agreement is 5 November 2023.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE516774 PR744114>
Annexure A
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