Richard Mitchell Removals & Storage Pty Ltd

[2013] FWCA 8149

[2013] FWCA 8149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Richard Mitchell Removals & Storage Pty Ltd
(AG2013/10658)

RICHARD MITCHELL REMOVALS & STORAGE PTY LTD COLLECTIVE AGREEMENT 2013

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 22 OCTOBER 2013

Application for approval of the Richard Mitchell Removals & Storage Pty Ltd Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Richard Mitchell Removals & Storage Pty Ltd Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Richard Mitchell Removals & Storage Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to the interaction between the Agreement and relevant awards, the payment of overtime rates, the entitlements of permanent employees and the issue of the company’s policies and procedures.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 29 October 2013. The nominal expiry date is 29 October 2016, the third anniversary of the date on which it commenced.

COMMISSIONER

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