Wearn Bulk Haulage Pty Ltd

[2020] FWCA 5689

[2020] FWCA 5689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wearn Bulk Haulage Pty Ltd
(AG2020/2953)

WEARN BULK HAULAGE ENTERPRISE AGREEMENT 2020 – 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 27 OCTOBER 2020

Application for approval of the Wearn Bulk Haulage Enterprise Agreement 2020 – 2024.

[1] An application has been made for approval of an enterprise agreement known as the Wearn Bulk Haulage Enterprise Agreement 2020 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wearn Bulk Haulage Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2020. The nominal expiry date of the Agreement is 27 October 2024.

DEPUTY PRESIDENT

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Annexure A