SeaRoad Logistics Pty Ltd

[2024] FWCA 2329

[2024] FWCA 2329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SeaRoad Logistics Pty Ltd

(AG2024/1953)

SEAROAD LOGISTICS (TASMANIA / VICTORIA) –TRANSPORT WORKERS’ UNION FAIR WORK AGREEMENT 2023-2026

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 21 JUNE 2024

Application for approval of the SeaRoad Logistics (Tasmania / Victoria) –Transport Workers’ Union Fair Work Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement known as the SeaRoad Logistics (Tasmania / Victoria) –Transport Workers’ Union Fair Work Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SeaRoad Logistics Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(2) of the Act.

1. The Transport Workers’ Union of Australia 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.

1. The Agreement is approved and in accordance with s.54, will operate from 28 June 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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