Sealanes (1985) Pty Ltd
[2020] FWCA 3633
•13 JULY 2020
| [2020] FWCA 3633 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sealanes (1985) Pty Ltd
(AG2020/1755)
SEALANES (1985) PTY LTD (TRANSPORT) ENTERPRISE AGREEMENT 2019
Road transport industry | |
COMMISSIONER HARPER-GREENWELL | MELBOURNE, 13 JULY 2020 |
Application for approval of the Sealanes (1985) Pty Ltd (Transport) Enterprise Agreement 2019.
[1] An application has been made for approval of an enterprise agreement known as the Sealanes (1985) Pty Ltd (Transport) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sealanes (1985) Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement, has given 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 organisation.
[5] The Agreement was approved on 13 July 2020 and, in accordance with s.54, will operate from 20 July 2020. The nominal expiry date of the Agreement is 23 November 2023.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE508485 PR720898>
Annexure A
0
0
0