Star Track Express Pty Limited T/A Star Track Express

[2018] FWCA 4106

[2018] FWCA 4106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Star Track Express Pty Limited T/A Star Track Express
(AG2018/2427)

STARTRACK - TRANSPORT WORKERS' UNION ENTERPRISE AGREEMENT NSW/ACT 2018

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 JULY 2018

Application for approval of the StarTrack - Transport Workers' Union Enterprise Agreement NSW/ACT 2018.

[1] An application has been made for approval of an enterprise agreement known as the StarTrack - Transport Workers’ Union Enterprise Agreement NSW/ACT 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Star Track Express Pty Limited T/A Star Track Express. The agreement is a single enterprise agreement.

[2] The employers have 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 11 July 2018 and, in accordance with s.54, will operate from 18 July 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE429175  PR608917>

Annexure A