RTL Mining and Earthworks Pty Ltd T/A RTL Transport

[2017] FWCA 103

[2017] FWCA 103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTL Mining and Earthworks Pty Ltd T/A RTL Transport
(AG2016/7219)

RTL ROAD TRANSPORT ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER ROE	MELBOURNE, 9 JANUARY 2017

Application for approval of the RTL Road Transport Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RTL Road Transport Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RTL Mining and Earthworks Pty Ltd T/A RTL Transport. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 9 January 2017 and, in accordance with s.54, will operate from 16 January 2017. The nominal expiry date of the Agreement is 9 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE422919  PR589146>