TTOL Pty Ltd T/A Complete Removals
[2024] FWCA 460
•2 FEBRUARY 2024
| [2024] FWCA 460 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
TTOL Pty Ltd T/A Complete Removals
(AG2023/5087)
TTOL PTY LTD TRADING AS COMPLETE REMOVALS ENTERPRISE AGREEMENT
| Road transport industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 2 FEBRUARY 2024 |
Application for approval of the TTOL Pty Ltd trading as Complete Removals Enterprise Agreement.
An application has been made for approval of an enterprise agreement known as the TTOL Pty Ltd trading as Complete Removals Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer TTOL Pty Ltd T/A Complete Removals. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 26 October 2023 and the Agreement was made on 27 November 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement was approved on 2 February 2024 and, in accordance with s.54 of the Act, will operate from 9 February 2024. The nominal expiry date of the Agreement is 31 January 2028.
DEPUTY PRESIDENT
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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