DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATB Employment Pty Ltd T/A ATB Employment Pty Ltd (Transport Division)
(AG2017/6780)

ATB EMPLOYMENT PTY LTD (TRANSPORT DIVISION) ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 4 MAY 2018

Application for approval of the ATB Employment Pty Ltd (Transport Division) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ATB Employment Pty Ltd (Transport Division) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ATB Employment Pty Ltd T/A ATB Employment Pty Ltd (Transport Division). 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2018. The nominal expiry date of the Agreement is 3 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ATB Employment Pty Ltd (Transport Division) sought approval for its Enterprise Agreement 2017. The application was heard by the Fair Work Commission. The dispute centred around the provisions of the agreement that dealt with terms and conditions of employment, including wages, hours of work, and other related matters. The union representing the employees contested certain aspects of the agreement, arguing that they did not meet the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement complied with the provisions of the Act, specifically whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The union argued that certain provisions did not meet the 'better off overall test', which requires that employees be no worse off financially under the new agreement than they were under the previous agreement. Additionally, the union argued that the process leading up to the agreement was not conducted in good faith.

The Commission considered the arguments presented and reviewed the evidence provided by both parties. The Commission found that the agreement did comply with the requirements of the Act. The Commission determined that the agreement met the better off overall test and that the process leading up to the agreement was conducted in good faith. The Commission approved the Enterprise Agreement 2017, finding it to be fair and reasonable. The union's objections were dismissed.

The Fair Work Commission approved the ATB Employment Pty Ltd (Transport Division) Enterprise Agreement 2017, finding that it met the requirements of the Fair Work Act 2009. The union's objections were dismissed, and the agreement was approved as fair and reasonable.

ATB Employment Pty Ltd T/A ATB Employment Pty Ltd (Transport Division)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established