The Trustee for C&v Forbes Business Trust & The Trustee for Collins Business Trust & The Trustee for Collins Trading Trust & The Trustee for Forbes Trading Trust & others T/A Victorian Freight Specialists

[2019] FWCA 1530

[2019] FWCA 1530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for C&V Forbes Business Trust & The Trustee for Collins Business Trust & The Trustee for Collins Trading Trust & The Trustee for Forbes Trading Trust & others T/A Victorian Freight Specialists
(AG2018/5262)

VICTORIAN FREIGHT SPECIALISTS ENTERPRISE AGREEMENT 2018 - 20122

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 MARCH 2019

Application for approval of the Victorian Freight Specialists Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Freight Specialists Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for C&V Forbes Business Trust & The Trustee for Collins Business Trust & The Trustee for Collins Trading Trust & The Trustee for Forbes Trading Trust & others T/A Victorian Freight Specialists. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 26 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement contained minor errors at clauses 13.2(c) and 14.1(c). Pursuant to section 586(a) of the Act, the errors are corrected in the published Agreement.

[5] The Agreement was approved on 8 March 2019 and, in accordance with s.54, will operate from 15 March 2019. The nominal expiry date of the Agreement is 8 March 2023.

DEPUTY PRESIDENT

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