Townsend Riverland Tours Pty Ltd

[2013] FWCA 4112

[2013] FWCA 4112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Townsend Riverland Tours Pty Ltd
(AG2013/6462)

TOWNSEND RIVERLAND TOURS PTY LTD ENTERPRISE AGREEMENT 2013

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 25 JUNE 2013

Townsend Riverland Tours Pty Ltd Enterprise Agreement 2013

[1] An application for approval of an enterprise agreement known as the Townsend Riverland Tours Pty Ltd Enterprise Agreement 2013 (the Agreement) has been made by Townsend Riverland Tours Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] In response to concerns raised by the Fair Work Commission (the FWC) 1 as to whether the Agreement passes the better off overall test as required by s.186(2)(d) of the Act, the employer has provided certain undertakings. Those undertakings, now attached to the Agreement as Schedule 2, address the stated concerns and otherwise meet the requirements of s.190 of the Act. The Transport Workers Union SA/NT Branch (the TWU), being a bargaining representative for the Agreement, has been consulted in relation to the undertakings and have expressed no objection to them. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[3] 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.

[4] The TWU has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the TWU.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 2 July 2013. The nominal expiry date of the Agreement is 31 March 2015.

DEPUTY PRESIDENT

 1   As set out in a Statement of Preliminary Findings issued to the parties and dated 24 May 2013

Printed by authority of the Commonwealth Government Printer

<Price code C, AE402001  PR538207>