Sadleirs Transport Co (NSW) Pty Ltd

[2014] FWCA 7426

[2014] FWCA 7426

The attached document replaces the document previously issued with the above code on 23 October 2014.

Typographical error in Title

John Posener

Associate to Commissioner Cargill

Dated 27 October 2014

[2014] FWCA 7426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sadleirs Transport Co (NSW) Pty Ltd
(AG2014/9318)

SADLEIRS TRANSPORT CO. (NSW) PTY. LTD. LEWDALE AGREEMENT, 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 23 OCTOBER 2014

Application for approval of the Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sadleirs Transport Co (NSW) Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] The Agreement does contain a flexibility term, however, it is not a flexibility term that fully complies with s202 of the Act. Consequently the model flexibility term is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 30 October 2014. The nominal expiry date is 31 December 2016.

COMMISSIONER

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