Zarb Road Transport Pty Ltd

[2019] FWCA 6337

[2019] FWCA 6337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zarb Road Transport Pty Ltd
(AG2019/2468)

ZARB ROAD TRANSPORT ENTERPRISE AGREEMENT 2019

Sugar industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 12 SEPTEMBER 2019

Application for approval of the Zarb Road Transport Enterprise Agreement 2019.

[1] Zarb Road Transport Pty Ltd has applied for approval of a single enterprise agreement known as the Zarb Road Transport Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised in relation to whether: the pre-approval requirements were met; the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information and evidence was provided by the Applicant in relation to the concerns.

[3] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The employee and union bargaining representatives did not oppose the Undertakings. 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) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information and evidence provided on request of the Commission and having regard to the Undertakings, 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.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 12 September 2019 and, in accordance with s.54, will operate from 19 September 2019. The nominal expiry date of the Agreement is 12 September 2022.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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