Scott's Refrigerated Freightways Pty Limited T/A Scott's Refrigerated Freightways Pty Limited

[2020] FWCA 628

[2020] FWCA 628

FAIR WORK COMMISSION

DECISION

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

Scott's Refrigerated Freightways Pty Limited T/A Scott's Refrigerated Freightways Pty Limited
(AG2019/4378)

SCOTT'S REFRIGERATED FREIGHTWAYS PTY LIMITED QUEENSLAND DRIVERS (LINEHAUL AND LOCAL) ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER BOOTH	BRISBANE, 6 FEBRUARY 2020

Application for approval of the Scott’s Refrigerated Freightways Pty Limited Queensland Drivers (Linehaul and Local) Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Scott's Refrigerated Freightways Pty Limited (the Applicant) for approval of the Scott’s Refrigerated Freightways Pty Limited Queensland Drivers (Linehaul and Local) Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 20 December 2019, raising concerns in relation to the Agreement.

[3] Further to an extension sought by the Applicant, responses were filed addressing the concerns raised on 17 January 2020. Signed undertakings were filed subsequently on 22 January 2020.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement lodged contained a typographical error in Schedule A6. On 22 January 2020, the Applicant filed a request to have the Agreement corrected pursuant to s.586 of the Act. The Applicant also filed an amended copy of the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Transport Workers’ Union of Australia (the TWU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 TWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.4.5 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 10 August 2021.

COMMISSIONER

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Attachment A