Simmons Bulk Transport Pty Ltd

[2013] FWCA 9088

[2013] FWCA 9088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simmons Bulk Transport Pty Ltd
(AG2013/10917)

SIMMONS BULK TRANSPORT PTY LTD ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 20 NOVEMBER 2013

Application for approval of the Simmons Bulk Transport Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Simmons Bulk Transport Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Simmons Bulk Transport Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 18 November 2013 undertakings were provided by the Company’s Director, Mr N Simmons, in relation to clause 14 (Reasonable Hours to be Worked) and clause 18 (Annual Leave) of the Agreement. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2013. The nominal expiry date of the Agreement is 27 November 2016.

COMMISSIONER

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Annexure A