Ron Finemore Transport Services Pty Ltd

[2023] FWCA 3079

[2023] FWCA 3079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ron Finemore Transport Services Pty Ltd

(AG2023/3268)

RON FINEMORE TRANSPORT SERVICES - TWU ENTERPRISE AGREEMENT 2023 - 2026

Road transport industry
DEPUTY PRESIDENT BELL	MELBOURNE, 22 SEPTEMBER 2023

Application for approval of the Ron Finemore Transport Services - TWU Enterprise Agreement 2023 - 2026

1. An application has been made for approval of an enterprise agreement known as the Ron Finemore Transport Services - TWU Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Ron Finemore Transport Services Pty Ltd. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 29 May 2023 and the Agreement was made on 4 September 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

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, 187 188 190, 193 and 193A 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 Transport Workers Union of Australia (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) I note that the Agreement covers the organisation.

1. The Agreement was approved on 22 September 2023 and, in accordance with s.54, will operate from 29 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

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