Australian Capital Territory T/A Transport Canberra Operations
[2024] FWCA 1106
•28 MARCH 2024
| [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
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