Transport Workers’ Union of Australia

[2013] FWCA 5027

[2013] FWCA 5027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Workers’ Union of Australia
(AG2013/7511)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (STRAMIT OPERATIONS) VICTORIA 2013 - 2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 JULY 2013

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Victoria 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the DGL (Aust) Pty Ltd Enterprise Agreement (Stramit Operations) Victoria 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transport Workers’ Union of Australia (the TWU). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 23 July 2013 an undertaking was provided by Mr J West, Managing Director of DGL (Aust) Pty Ltd, in relation to clause 7 (Dispute Settlement Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[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 TWU, 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 1 August 2013. The nominal expiry date will be 31 January 2016.

COMMISSIONER

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Annexure A