S & R Harvey Pty Ltd T/A SRH Milk Haulage

[2018] FWCA 2130

[2018] FWCA 2130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S & R Harvey Pty Ltd T/A SRH Milk Haulage
(AG2017/3904)

S & R HARVEY PTY LTD ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 APRIL 2018

Application for approval of the S & R Harvey Pty Ltd Enterprise Agreement 2017 - Agreement approved with Undertakings.

[1] As stated in my decision of 4 April 2018 ([2018] FWC 1931- the Decision) an application was received by the Fair Work Commission (the Commission) on 30 August 2017 for approval of an enterprise agreement known as the S & R Harvey Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made by S & R Harvey Pty Ltd T/A SRH Milk Haulage (SRH – the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In the Decision I requested that additional undertakings be provided by the Applicant in respect of paid meal breaks and casual rates of pay and that subject to the provision of acceptable undertakings regarding those issues that the Agreement would be approved. By way of background, a number of undertakings had previously been provided by the Applicant, on 25 January 2018.

[3] On 12 April 2018, the Applicant provided the further undertakings which address my concerns. Pursuant to s.190(4) of the Act I sought and considered the views of the bargaining representative for the Agreement, in respect of the undertakings. A copy of the various undertakings provided by the Applicant is attached at Annexure A.

[4] 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.

[5] Against that background, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] As noted, pursuant to s.190(3), I have accepted the attached undertakings from the Applicant. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement.

[7] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2018. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

<AE427995, PR601979>