Sita Holdings Pty Ltd T/A Nationwide Tours
[2022] FWCA 2155
•29 JUNE 2022
| [2022] FWCA 2155 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sita Holdings Pty Ltd T/A Nationwide Tours
(AG2022/1883)
Nationwide Tours Charter Drivers Enterprise Agreement 2022
| Passenger vehicle transport (non rail) industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 29 JUNE 2022 |
Application for approval of the Nationwide Tours Charter Drivers Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Nationwide Tours Charter Drivers Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sita Holdings Pty Ltd T/A Nationwide Tours (Employer). The Agreement is a single enterprise agreement.
Application brought out of time
I note that the Agreement was made on 27 May 2022, but was filed for approval with the Fair Work Commission on 11 June 2022. Observing that s.185(3)(a) of the Act imposes a 14-day time limit to bring an application of this kind (and that the time is measured by reference to the day an agreement is made), the Applicant has brought this application one day out of time.
Despite the Applicant’s non-compliance in this regard, I find that it is fair to extend the period for making the application by one day. I do so in reliance of the power afforded to me by s.185(3)(b) of the Act, and having had regard to all of the circumstances (namely, that the delay is of a short duration, and has not caused prejudice to any employees seeking to be covered by the Agreement).
Undertakings
The Employer has provided written undertakings dated 28 June 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Passenger Vehicle Transportation Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2022. The nominal expiry date of the Agreement is 29 June 2026.
DEPUTY PRESIDENT
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Annexure A
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