Scott Corporation Limited T/A Energytrans

[2014] FWCA 8965

[2014] FWCA 8965

FAIR WORK COMMISSION

DECISION

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

Scott Corporation Limited T/A Energytrans
(AG2014/9993)

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 15 DECEMBER 2014

Application for variation of the Gladstone Townsville and Cairns Energytrans Drivers Enterprise Agreement 2014-2018.

[1] An application has been made by Scott Corporation Limited T/A Energytrans for approval of a variation to an enterprise agreement known as the Gladstone Townsville and Cairns Energytrans Drivers Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act).

[2] This matter was previously the subject of conciliation before the Commission as currently constituted. The background to the application is that the employer lost their existing contracts and accordingly employees at the Mackay Depot we made redundant as of 31 October 2014. The parties recognised provisions in the Mackay Agreement caused some difficulty in the tendering for work. Accordingly, the Mackay Agreement was terminated by consent. Further, variations were proposed to the Agreement to allow for tendering for work in the region and for consistency of provisions.

[3] Declarations in support of the variation have been received from the Transport Workers’ Union of Australia being an employee organisation entitled to represent the industrial interests of employees covered by the Agreement.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate from the date of this decision.

[6] A consolidated version of the Agreement is attached to this decision.

COMMISSIONER

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