Stillwell Trucks Pty Ltd T/A Stillwell Trucks

[2020] FWCA 4857

[2020] FWCA 4857

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stillwell Trucks Pty Ltd T/A Stillwell Trucks
(AG2020/2536)

STILLWELL TRUCKS WORKSHOP, PARTS & OPERATIONS ENTERPRISE AGREEMENT 2019-2021

Vehicle industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 SEPTEMBER 2020

Application for approval of the Stillwell Trucks Workshop, Parts & Operations Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Stillwell Trucks Workshop, Parts & Operations Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stillwell Trucks Pty Ltd T/A Stillwell Trucks. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 organisation.

[4] The Agreement was approved on 9 September 2020 and, in accordance with s.54, will operate from 16 September 2020. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

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<AE508983  PR722670>