Sirva Pty Ltd T/A Allied Moving Services

Case

[2022] FWCA 3568

13 OCTOBER 2022


[2022] FWCA 3568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sirva Pty Ltd T/A Allied Moving Services

(AG2022/3789)

ALLIED MOVING SERVICES NATIONAL ENTERPRISE AGREEMENT 2021

Road transport industry

COMMISSIONER O'NEILL

MELBOURNE, 13 OCTOBER 2022

Application for approval of the ALLIED MOVING SERVICES NATIONAL ENTERPRISE AGREEMENT 2021

  1. Sirva Pty Ltd has applied for approval of an enterprise agreement known as the ALLIED MOVING SERVICES NATIONAL ENTERPRISE AGREEMENT 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. I observe that clause 22.4 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 32 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

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