Sadleirs RDS Oil and Gas Pty Ltd T/A Sadleirs RDS Oil and Gas

[2016] FWCA 3151

[2016] FWCA 3151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Application for approval of a variation of an enterprise agreement

Sadleirs RDS Oil and Gas Pty Ltd T/A Sadleirs RDS Oil and Gas
(AG2016/2335)

SADLEIRS RDS OIL & GAS AND TWU (LONG DISTANCE DRIVERS) GREENFIELDS AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT BINET	PERTH, 19 MAY 2016

Application for variation of the Sadleirs RDS Oil & Gas and TWU (Long Distance Drivers) Greenfields Agreement 2015.

[1] Sadleirs RDS Oil and Gas Pty Ltd T/A Sadleirs RDS Oil and Gas (Sadleirs) are a party to the Sadleirs RDS Oil & Gas and TWU (Long Distance Drivers) Greenfields Agreement 2015 (Agreement).

[2] The Agreement is a single enterprise agreement.

[3] Sadleirs have made an application (Application) pursuant to section 210 of the Fair Work Act 2009 (FW Act) to vary the Agreement. The Application was supported by a statutory declaration by Mr Phil Scott (Mr Scott) confirming that the requirements set out in the FW Act for approval of the variation have been met.

[4] The Transport Workers Union (TWU) is an employee organisation covered by the Agreement. The Application was supported by a statutory declaration by Mr Joshua Dalliston (Mr Dalliston), which declared that the matters contained in Mr Scott’s statutory declaration that were within Mr Dalliston’s knowledge were true.

[5] A summary of the variations is attached to this decision at Annexure A.

[6] Sadleirs has provided an undertaking to the effect that it undertakes not to vary the Quick Hitch/Hot Shot Operating Guidelines which are referenced in the Agreement. This undertaking is attached to this decision at Annexure B.

[7] A consolidated version of the Agreement, as varied, is provided with this decision.

[8] I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to the Application for approval have been met.

[9] The variation is approved and will operate from the date of this decision.

DEPUTY PRESIDENT

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ANNEXURE A

ANNEXURE B