Wadjemup Unit Trust Pty Ltd T/A Rottnest Express

[2021] FWCA 2966

[2021] FWCA 2966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wadjemup Unit Trust Pty Ltd T/A Rottnest Express
(AG2021/5029)

ROTTNEST EXPRESS ENTERPRISE AGREEMENT 2021

Clerical industry
COMMISSIONER PLATT	ADELAIDE, 24 MAY 2021

Application for approval of the Rottnest Express Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Rottnest Express Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wadjemup Unit Trust Pty Ltd T/A Rottnest Express (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 May 2021.

[3] On 17 May 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 20 May 2021. The undertaking deals with the following topics:

•  Clause 20.1 of the Agreement will be interpreted to include all prescribed Public Holidays as gazetted in any calendar year by the Western Australian Government.

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  No shiftworkers will be employed under the Agreement for the length of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 24 May 2024.

COMMISSIONER

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