Statewide Independent Wholesalers Limited

[2016] FWCA 733

[2016] FWCA 733

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Statewide Independent Wholesalers Limited
(AG2015/6905)

STATEWIDE INDEPENDENT WHOLESALERS LIMITED - TRANSPORT WORKERS UNION DRIVERS ENTERPRISE AGREEMENT, 2015 - 2017

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 4 FEBRUARY 2016

Application for approval of the Statewide Independent Wholesalers Limited - Transport Workers Union Drivers Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Statewide Independent Wholesalers Limited - Transport Workers Union Drivers Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Statewide Independent Wholesalers Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has 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, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Transport Workers’ Union of Australia Victorian/Tasmanian branch (TWU), who are a bargaining representative for the Agreement, have provided an F18 Statutory Declaration of an Employee Organisation, indicating the Union supports the approval of the Agreement and wants to be covered by it. However, the Declaration also indicates that the Union disagrees with some of the answers provided by the Employer in its F17 Statutory Declaration provided in support of the application. The TWU also makes reference to some terms in the Agreement that it suggests are less beneficial than those contained in the underlying Road Transport and Distribution Award 2010 [MA000038] that were not identified in the F17 Declaration. I have had regard to each of these matters but am satisfied they do not act to prevent the Agreement from being approved. In accordance with s.201(2) of the Act I note that the Agreement covers the TWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2016 The nominal expiry date of the Agreement is 29 May 2017.

COMMISSIONER

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Annexure A