South Coast Equipment Pty Limited
[2024] FWCA 4671
•24 DECEMBER 2024
| [2024] FWCA 4671 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
South Coast Equipment Pty Limited
(AG2024/4848)
SOUTH COAST EQUIPMENT PTY. LIMITED TWU ENTERPRISE AGREEMENT 2024
| Road transport industry | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 24 DECEMBER 2024 |
Application for approval of the South Coast Equipment Pty. Limited TWU Enterprise Agreement 2024
Introduction
South Coast Equipment Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the South Coast Equipment Pty. Limited TWU Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 14 March 2024 and the Agreement was made on 22 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Delegates’ Rights Term
The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term from the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.
Section 190 Undertakings
The employer 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, 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.
Section 183 Bargaining Representatives
The Transport Workers’ Union (TWU) 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 TWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 16 May 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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