Transport Workers’ Union of Australia

[2015] FWCA 102

[2015] FWCA 102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers’ Union of Australia
(AG2014/10288)

GRACE REMOVALS GROUP AND TWU VIC/TAS ENTERPRISE AGREEMENT 2014/2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 7 JANUARY 2015

Application for approval of the Grace Removals Group and TWU Vic/Tas Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Grace Removals Group and TWU Vic/Tas Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transport Workers’ Union of Australia (TWU). The agreement is a single-enterprise agreement.

[2] On 5 January 2015 an undertaking was provided by Mr S Korcz, Regional General Manager of Grace Removals Group (the Company), in relation to clause 6 of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Commission notes the Company’s statement that it does not employ shift workers and that no employee performs shift work as defined for the purposes of the National Employment Standards in the relevant modern award.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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Annexure A