SeaRoad Logistics Pty Limited
[2022] FWCA 514
•15 FEBRUARY 2022
| [2022] FWCA 514 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
SeaRoad Logistics Pty Limited
(AG2021/9327)
SeaRoad Logistics (Tasmania / Victoria) –Transport Workers’ Union Fair Work Agreement 2020-2023
| Road transport industry | |
| DEPUTY PRESIDENT MANSINI | MELBOURNE, 15 FEBRUARY 2022 |
Application for approval of the SeaRoad Logistics (Tasmania / Victoria) Transport Workers’ Union Fair Work Agreement 2020-2023.
SeaRoad Logistics Pty Limited has applied for approval of a single enterprise agreement known as the SeaRoad Logistics (Tasmania/Victoria) Transport Workers’ Union Fair Work Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
Since the application was made, concerns about whether the Agreement passes the “better off overall” test were raised by and with the Commission. Further information was provided and a written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representative did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.
On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.
The Agreement was approved on 15 February 2022 and, notwithstanding clause 7.1 and in accordance with s.54, will operate from 22 February 2022. The nominal expiry date of the Agreement is 31 October 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE514977 PR738393>
Annexure A
0
0
0