Scotts Transport Industries Pty Ltd

[2016] FWCA 4970

[2016] FWCA 4970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scotts Transport Industries Pty Ltd
(AG2016/1516)

SCOTT’S BULK TANKER VICTORIAN OPERATION ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 22 JULY 2016

Application for approval of the Scott’s Bulk Tanker Victorian Operation Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Scott’s Bulk Tanker Victorian Operation Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scotts Transport Industries Pty Ltd. The agreement is a single enterprise agreement.

[2] The Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisation.

[3] On 19 July 2016, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement.

[4] The employer subsequently provided further clarification of the parties’ intentions and proposed a formal written undertaking which is appended to the Agreement as approved.

[5] I have sought the views of the bargaining representatives and accepted the undertaking provided by the employer. As a result, the undertakings are taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2016. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

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