Transpacific Industries Pty Ltd

[2014] FWCA 8573

[2014] FWCA 8573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/9335)

TRANSPACIFIC CLEANAWAY (CLAYTON DEPOT - DRIVERS) ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 1 DECEMBER 2014

Application for approval of the Transpacific Cleanaway (Clayton Depot - Drivers) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as theTranspacific Cleanaway (Clayton Depot - Drivers) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transpacific Industries Pty Ltd. The agreement is a single-enterprise agreement.

[2] Transpacific Industries Pty Ltd has provided a signed written undertaking in relation to annual leave entitlements for shiftworkers, part-time employees, community service leave, accident pay and overtime. I am satisfied the undertaking meets any concerns which I had about the Agreement. Prior to accepting the undertaking the views of the Transport Workers’ Union of Australia (TWU) and the employee bargaining representatives were sought.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The TWU 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 organisation.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date is four years from the date of approval.

COMMISSIONER

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