Scott’s Transport Industries Pty Ltd

[2013] FWCA 2004

[2013] FWCA 2004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott’s Transport Industries Pty Ltd
(AG2013/695)

SCOTT’S ADELAIDE TANKER DIVISION - LOCAL OPERATIONS AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 4 APRIL 2013

[1] An application for approval of an enterprise agreement known as the Scott’s Adelaide Tanker Division - Local Operations Agreement 2012 (the Agreement) has been made by Scott’s Transport Industries Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

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

[3] The Agreement was made on 4 March 2013 and filed on 22 March 2013, 4 days outside the 14 day time limitation prescribed by s.185(3)(a) of the Act. The employer has advised that the delay was occasioned by “the internal processes of the TWU”. 1 In the circumstances I consider that it is fair to extend the time period in accordance with s.185(3)(b) of the Act.

[4] The Transport Workers Union of Australia SA/NT Branch (the TWU) has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the TWU.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 11 April 2013. The nominal expiry date of the Agreement is 1 December 2014.

DEPUTY PRESIDENT

 1   Correspondence to the Fair Work Commission from the employer dated 22 March 2013.

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