Prixcar Services Pty Ltd

[2016] FWCA 6769

[2016] FWCA 6769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prixcar Services Pty Ltd
(AG2016/4782)

PRIXCAR TRANSPORT SERVICES PTY LTD AND TRANSPORT WORKERS UNION OF AUSTRALIA FAIR WORK AGREEMENT 2016-2019

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 21 SEPTEMBER 2016

Application for approval of the PrixCar Transport Services Pty Ltd and Transport Workers Union of Australia Fair Work Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the PrixCar Transport Services Pty Ltd and Transport Workers Union of Australia Fair Work Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prixcar Services Pty Ltd. 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] The rates of pay referred to in the undertakings have been provided to and considered by the Commission. The rates will be kept confidential, as requested by the parties, on the Commission’s file.

[4] 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.

[5] 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.

[6] The Transport Workers’ Union of Australia 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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ANNEXURE A