TJ & RF Fordham Pty Ltd T/A TRN Group

[2018] FWCA 429

[2018] FWCA 429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

TJ & RF Fordham Pty Ltd T/A TRN Group
(AG2017/5731)

TJ & RF FORDHAM HAULAGE & THE TRANSPORT WORKER'S UNION ENTERPRISE AGREEMENT 2016

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 JANUARY 2018

Application for variation of the TJ & RF Fordham Haulage & The Transport Worker's Union Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the TJ & RF Fordham Haulage & The Transport Worker’s Union Enterprise Agreement 2016 (the Agreement). The application was made by TJ & RF Fordham Pty Ltd T/A TRN Group pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 19 January 2018.

DEPUTY PRESIDENT

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