Australian Capital Territory T/A Transport Canberra Operations

[2024] FWCA 1106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Capital Territory T/A Transport Canberra Operations

(AG2024/322)

TRANSPORT CANBERRA OPERATIONS (ACTION) ENTERPRISE AGREEMENT 2023 – 2026

Passenger vehicle transport industry
COMMISSIONER CRAWFORD	SYDNEY, 28 MARCH 2024

Application for approval of the Transport Canberra Operations (ACTION) Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Transport Canberra Operations (ACTION) Enterprise Agreement 2023 – 2026 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Capital Territory trading as Transport Canberra Operations (Transport Canberra). The Agreement is a single enterprise agreement.

Transport Canberra has provided written 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause A5.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Transport Workers’ Union of Australia (TWU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and TWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Transport Canberra Operations, sought approval for the Enterprise Agreement 2023-2026 from the Australian Capital Territory's Industrial Relations Commission. The dispute arose due to disagreements over the terms and conditions of employment for the employees of the applicant, which were to be governed by the proposed agreement. The matter was heard and determined by the Commission, which had to consider the statutory requirements for approving such agreements under the relevant industrial relations legislation.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the statutory requirements for approval. This included assessing whether the agreement had been made genuinely in the interests of the employees, whether it contained provisions that would unfairly disadvantage employees, and whether the agreement met the procedural requirements set forth by the legislation. The Commission also had to consider submissions from both the applicant and the employees' representatives to determine whether the agreement was fair and reasonable.

After reviewing the evidence and submissions, the Commission found that the proposed Enterprise Agreement met all the statutory requirements for approval. It concluded that the agreement was made genuinely in the interests of the employees and did not contain any provisions that would unfairly disadvantage them. The Commission also determined that the agreement was procedurally sound and complied with the relevant industrial relations legislation. Consequently, the Commission approved the Transport Canberra Operations Enterprise Agreement 2023-2026, which would now govern the terms and conditions of employment for the employees of the applicant.

As a result of the Commission's decision, the applicant was granted approval for the Enterprise Agreement, which would now be binding on the parties from the date of the decision. The Commission's approval ensures that the agreement will govern the employment terms and conditions of the employees for the duration of the agreement, subject to any variations or amendments that may be agreed upon by the parties or determined by the Commission in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established