Russell Transport Pty Ltd T/A Russell Transport

Case •

[2018] FWCA 1275

•

2 MARCH 2018
[2018] FWCA 1275

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Russell Transport Pty Ltd T/A Russell Transport

(AG2017/6149)

Russell Transport General Fleet Enterprise Agreement 2017

Road transport industry

Commissioner Hunt

BRISBANE, 2 MARCH 2018

Application for approval of the Russell Transport General Fleet Enterprise Agreement 2017.

  1. Russell Transport Pty Ltd T/A Russell Transport (Russell Transport) has applied for approval of an enterprise agreement known as the Russell Transport General Fleet Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

  1. The Fair Work Commission (the Commission) informed Russell Transport it had a concern the Agreement did not meet the requirements set out in s.186 and s.187 of the Act.

  1. On 21 February 2018 undertakings were provided by Russell Transport. A copy of the undertakings is attached at 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

  1. 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

  1. I have taken into consideration the material filed in the Commission.  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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2018.  The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE427500  PR600816>

Annexure A

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0