SeaRoad Logistics Pty Ltd

[2019] FWCA 2154

[2019] FWCA 2154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SeaRoad Logistics Pty Ltd
(AG2018/5544)

SEAROAD LOGISTICS (WORKSHOP) FAIR WORK AGREEMENT 2018-2021

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 APRIL 2019

Application for approval of the SeaRoad Logistics (Workshop) Fair Work Agreement 2018-2021.

[1] SeaRoad Logistics Pty Ltd has made an application for approval of an enterprise agreement known as the SeaRoad Logistics (Workshop) Fair Work Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 1 April 2019 and, in accordance with s 54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

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Annexure A