South Coast Equipment Pty Limited
[2022] FWCA 191
•24 JANUARY 2022
| [2022] FWCA 191 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
South Coast Equipment Pty Limited
(AG2021/9223)
SOUTH COAST EQUIPMENT PTY LIMITED TWU ENTERPRISE AGREEMENT 2021
| Road transport industry | |
| COMMISSIONER P RYAN | SYDNEY, 24 JANUARY 2022 |
Application for approval of the South Coast Equipment Pty Limited TWU Enterprise Agreement 2021
South Coast Equipment Pty Limited has made an application for approval of an enterprise agreement known as the South Coast Equipment Pty Limited TWU Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Sections 186, 187 and 188
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.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. 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.
Section 183
The Transport Workers Union (TWU) being 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 January 2022. The nominal expiry date of the Agreement is 16 May 2024.
COMMISSIONER
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