Startrack Express Pty Limited T/A Startrack Express
[2022] FWCA 1236
•7 APRIL 2022
| [2022] FWCA 1236 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Startrack Express Pty Limited T/A Startrack Express
(AG2022/907)
StarTrack – Transport Workers’ Union Enterprise Agreement NSW/ACT 2021
| Road transport industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 7 APRIL 2022 |
Application for approval of the StarTrack – Transport Workers’ Union Enterprise Agreement NSW/ACT 2021.
An application has been made for approval of an enterprise agreement known as the StarTrack – Transport Workers’ Union Enterprise Agreement NSW/ACT 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Startrack Express Pty Limited T/A Startrack Express. The Agreement is a single enterprise agreement.
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.
I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
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) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2022. The nominal expiry date of the Agreement is 11 November 2024.
DEPUTY PRESIDENT
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