DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Activ Foundation Incorporated
(AG2015/7434)

ACTIV FOUNDATION INC. TRANSPORT WORKERS AGREEMENT 2015

Passenger vehicle transport (non rail) industry
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2015

Application for approval of the Activ Foundation Inc. Transport Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Activ Foundation Inc. Transport Workers Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Activ Foundation Incorporated. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Activ Foundation Incorporated, sought the court's approval of the Transport Workers Enterprise Agreement 2015. The applicant claimed the agreement met the requirements of the Fair Work Act 2009 and was in the interests of the employees covered by the agreement. The application was opposed by the Fair Work Commission, which argued that the agreement did not provide adequate protections for employees.

The central legal issue before the court was whether the Transport Workers Enterprise Agreement 2015 complied with the statutory requirements set out in the Fair Work Act 2009 and if it was in the best interests of the employees. The court examined whether the agreement provided adequate protections and benefits for the employees and if it adhered to the principles of procedural fairness and good faith bargaining.

The court found that the Transport Workers Enterprise Agreement 2015 was consistent with the statutory requirements and was in the best interests of the employees. The court was satisfied that the agreement provided adequate protections for the employees and that it had been reached through a process that adhered to the principles of procedural fairness and good faith bargaining. The court approved the agreement, finding that it met the necessary legal standards and was beneficial for the employees.

The court ordered the approval of the Transport Workers Enterprise Agreement 2015, confirming that it complied with the Fair Work Act 2009 and was in the best interests of the employees. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take necessary steps to implement the agreement.

Activ Foundation Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established