Schenker Australia Pty Limited

[2014] FWCA 6133

[2014] FWCA 6133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Schenker Australia Pty Limited
(AG2014/8752)

SCHENKER AUSTRALIA PTY LIMITED NEW SOUTH WALES FREIGHT FORWARDING WAREHOUSE ENTERPRISE AGREEMENT 2014-2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 4 SEPTEMBER 2014

Application for approval of the Schenker Australia Pty Limited New South Wales Freight Forwarding Warehouse Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Schenker Australia Pty Limited New South Wales Freight Forwarding Warehouse Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Schenker Australia Pty Limited. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] The Agreement contains a consultation term at clause 8. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Transport Workers’ Union of Australia - NSW Branch, being a bargaining representative for the Agreement, 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 that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2014. The nominal expiry date of the Agreement is 10 September 2017.

COMMISSIONER

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