Star Track Express Pty Limited
(AG2012/1558)
STAR TRACK EXPRESS PTY LIMITED -TRANSPORT WORKERS' UNION FAIR WORK AGREEMENT NSW/ACT 2012-2015
Road transport industry
COMMISSIONER LEWIN MELBOURNE, 5 JUNE 2012
Application for approval of the Star Track Express Pty Limited -Transport Workers' Union
Fair Work Agreement NSW/ACT 2012-2015.
[1] An application has been made for approval of an enterprise agreement known as the
Star Track Express Pty Limited -Transport Workers' Union Fair Work Agreement NSW/ACT
2012-2015 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work
Act 2009 (“the Act”). It has been made by Star Track Express Pty Limited, the employer of
persons to be covered by the Agreement. The Agreement is a single enterprise agreement.
[2] The Transport Workers’ Union of Australia (“TWU”) is a bargaining representative
for the Agreement.
[3] The Applicant has provided written undertakings. A cop y of the undertakings is
attached in Annexure A. I am satisfied that the undertakings meet the requirements as
provided for by s.190 of the Act.
[4] I have sought the views of the bargaining representatives in respect of the
undertakings, pursuant to s.190(4) of the Act. The bargaining representatives advise no
concerns with the undertakings provided.
[5] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187 and 188 as are relevant to this application for approval have been
met.
[6] The TWU has given notice under s.183 of the Act that it wants the Agreement to cover
it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[7]
The Agreement was approved on 5 June 2012 and, in accordance with s.54, will
operate from 13 June 2012. The nominal expiry date of the Agreement is 31 March 2015.
AG2012/1558
Undertaking pursuant to Section 190 of the Fair Work Act 2009
I, Stephen Cleary, Chief Executive Officer, of 1 Merriwa Street Gordon New South
Wales 2072 hereby undertake for and on behalf of Star Track Express Pty Limited
(the employer) as follows:
(a)
For the purposes of clause 17 of the Star Track Express Pty Limited Transport
Workers' Union Fair Work Agreement NSW/ACT 2012-2015 (the
Agreement), including clause 17.2(a), an employee shall be entitled to be
represented by a representative, from the TWU or otherwise.
(b)
Accordingly, a representative of an employee's choice may be appointed to
represent the employee at each and every stage of the dispute settlement
procedure established by clause 17 of the Agreement.
(c)
This undertaking in relation to the Agreement is given by the employer in
order to meet the requirements of section 186(6) of the Fair Work Act.
Signature:
Date: