DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Transport Safety Bureau
(AG2015/3897)

AUSTRALIAN TRANSPORT SAFETY BUREAU ENTERPRISE AGREEMENT 2015

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 27 JULY 2015

Application for approval of the Australian Transport Safety Bureau Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Australian Transport Safety Bureau Enterprise 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 the Australian Transport Safety Bureau. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the Australian Transport Safety Bureau. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Community and Public Sector Union and the Association of Professional Engineers, Scientists and Managers Australia, being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2015. The nominal expiry date of the Agreement is 3 August 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Transport Safety Bureau (ATSB) applied for the approval of the Enterprise Agreement 2015. The Fair Work Commission (FWC) was the forum in which this application was made. The ATSB sought approval for this agreement as a registered agreement under the Fair Work Act 2009. The nature of the dispute was primarily focused on whether the proposed agreement met the requirements for approval under the relevant legislation.

The legal issues that the FWC was required to decide included whether the agreement provided for the proper management of the ATSB, including its employees, and whether it contained provisions that were fair and reasonable in all aspects. The FWC also needed to determine if the agreement complied with the provisions of the Fair Work Act and if it included adequate mechanisms for the resolution of workplace disputes.

The FWC determined that the agreement did provide for the proper management of the ATSB and its employees. It found that the agreement contained provisions that were fair and reasonable in all respects. The FWC concluded that the agreement complied with all the relevant provisions of the Fair Work Act and included sufficient mechanisms for the resolution of workplace disputes. The FWC approved the Enterprise Agreement 2015, and it was registered on the relevant date.

No further orders were made by the FWC beyond the approval and registration of the agreement. The decision affirmed that the proposed agreement met all the necessary criteria for registration under the Fair Work Act 2009.

Australian Transport Safety Bureau

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established