Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Logistics
[2018] FWCA 6714
•30 OCTOBER 2018
| [2018] FWCA 6714 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Logistics
(AG2018/2203)
Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2018
| Road transport industry | |
| Commissioner Harper-Greenwell | MELBOURNE, 30 OCTOBER 2018 |
Application for approval of the Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2018.
An application has been made for approval of an enterprise agreement known as the Sadleirs Transport Co. (NSW) Pty. Ltd. Kewdale Agreement, 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sadleirs Transport Co (NSW) Pty Ltd T/A Sadleirs Logistics. The Agreement is a single enterprise agreement.
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.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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.
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) I note that the Agreement covers the organisation.
The Agreement lodged contained an error at clause 3, clause 14, and clause 20. On 29 October 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Agreement was approved on 30 October 2018 and, in accordance with s.54, will operate from 6 November 2018. The nominal expiry date of the Agreement is 31 December 2020.
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