TJ &RF Fordham Pty Ltd Trading As TRN Group
[2024] FWCA 2201
•14 JUNE 2024
| [2024] FWCA 2201 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
TJ &RF Fordham Pty Ltd Trading As TRN Group
(AG2024/1822)
TR & RF FORDHAM HAULAGE & TWU ENTERPRISE AGREEMENT 2024
| Road transport industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 14 JUNE 2024 |
Application for approval of the TR & RF Fordham Haulage & TWU Enterprise Agreement 2024
Introduction
TJ & RF Fordham Pty Ltd Trading As TRN Group (the Employer) has made an application for approval of an enterprise agreement known as the TR & RF Fordham Haulage & TWU Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06 Requirements
The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.
Flexibility Term
Clause 22.5 provides that an Individual Flexibility Arrangement (IFA) may be terminated by the employer or employee by giving no less than 13 weeks written notice. This is inconsistent with s.203 of the Act which provides that the flexibility term must require the employer to ensure that any IFA may be terminated by giving written notice of not more than 28 days. I note that the model flexibility term is taken to be a term of the Agreement under s. 202(4) of the Act. A copy of the Model Flexibility Term can be found in Appendix E.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Appendix D. 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The Transport Workers’ Union of Australia (TWU) 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 TWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2024. The nominal expiry date of the Agreement is 14 June 2028.
DEPUTY PRESIDENT
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