Transpacific Industries Pty Ltd

[2014] FWCA 3482

[2014] FWCA 3482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/5844)

NEPEAN WASTE MANAGEMENT MORNINGTON DRIVERS ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 26 MAY 2014

Application for approval of the Nepean Waste Management Mornington Drivers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nepean Waste Management Mornington 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 Company). The agreement is a single-enterprise agreement.

[2] On 21 May and 23 May 2014 undertakings were provided by Ms K Walker, the Company’s Employment Relations Advisor, in relation to clause 13 (Introduction of Change), clause 14.5 (Regular Part-Time Employees), clause 38.3 (Certificate Training (Waste Management) and clause 33.3 (Payment for Annual Leave) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. The undertakings are attached to this decision at Annexures A and B and form part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2014. The nominal expiry date of the Agreement is 25 May 2017.

COMMISSIONER

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Annexure A

Annexure B