DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATB Morton (NSW) Pty Ltd
(AG2016/4199)

ATB MORTON (NSW) PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 SEPTEMBER 2016

Approval of the ATB Morton (NSW) Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the ATB Morton (NSW) Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ATB Morton (NSW) Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 29 September 2016 and, in accordance with s.54, will operate from 6 October 2016. The nominal expiry date of the Agreement is 29 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ATB Morton (NSW) Pty Ltd was the employer, and various employees were represented by the Transport Workers' Union of Australia. The dispute was regarding the approval of the ATB Morton (NSW) Pty Ltd Enterprise Agreement 2016-2020. The matter was heard in the Fair Work Commission, an Australian federal specialist industrial relations tribunal. The employees sought approval of the enterprise agreement, which they had negotiated with the employer. The employer contested the approval, arguing that the agreement did not comply with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the good faith bargaining test, contained the mandated minimum terms and conditions, and did not unfairly discriminate against employees. The employer argued that the agreement did not meet these requirements, while the employees contended that it did.

The Commission found that the agreement was made in good faith, contained the required minimum terms and conditions, and did not unfairly discriminate against employees. The employer's objections were largely based on disagreements with the terms and conditions negotiated, rather than any statutory non-compliance. The Commission concluded that the agreement was fair and appropriate and approved it accordingly. The employer's application for approval of the enterprise agreement was dismissed.

ATB Morton (NSW) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established