Swan Transit Services Pty Ltd; Swan Transit Services (South) Pty Ltd; Transit Systems WA Pty Ltd T/A Swan Transit Riverside Limited
[2013] FWCA 249
•14 JANUARY 2013
[2013] FWCA 249 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Swan Transit Services Pty Ltd; Swan Transit Services (South) Pty Ltd; Transit Systems WA Pty Ltd T/A Swan Transit Riverside Limited
(AG2012/13384)
SWAN TRANSIT ENGINEERING STAFF ENTERPRISE AGREEMENT 2012
Manufacturing and associated industries | |
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 14 JANUARY 2013 |
Application for approval of the Swan Transit Engineering Staff Enterprise Agreement 2012.
[1] An application has been made for approval of an enterprise agreement known as the Swan Transit Engineering Staff Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swan Transit Services Pty Ltd; Swan Transit Services (South) Pty Ltd; Transit Systems WA Pty Ltd T/A Swan Transit Riverside Limited. The Agreement is a single-enterprise agreement.
[2] The employer has provided undertakings in the following terms:
“That none of the Employees covered by the proposed Agreement shall undertake work for the Employers outside of Western Australia.
The Agreement shall be read, understood and applied so that the nominal expiry date under Clause 6 of the Agreement is the fourth anniversary of the day on which Fair Work Australia approves the Agreement.”
[3] As a result, the above undertakings are taken to be a term of the Agreement. A full copy of the correspondence provided by the employer is attached to the Agreement as Attachments A and B.
[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2013. The nominal expiry date of the Agreement is 13 January 2017.
SENIOR DEPUTY PRESIDENT
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