DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canberra Metro Operations Pty Ltd
(AG2018/529)

CANBERRA METRO OPERATIONS AGREEMENT 2018

Australian Capital Territory
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 JUNE 2018

Application for approval of the Canberra Metro Operations Agreement 2018.

[1] An application has been made for approval of the Canberra Metro Operations Agreement 2018 (the Agreement). The application was made by Canberra Metro Operations Pty Ltd (the Applicant) pursuant to section 185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement made between the Applicant and the Australian Rail, Tram and Bus Industry Union (ARTBIU).

[2] The Australian Manufacturing Workers Union (AMWU) wrote to the Commission on 22 February 2018 advising that it had not been included in the negotiations for the Agreement and requested a copy of the Agreement which was subsequently provided to it on 23 February 2018.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) also wrote to the Commission on 12 March 2018 requesting Agreement lodgement documents which were subsequently provided to the CEPU on 27 March 2018. The CEPU subsequently wrote to the Commission on 3 April 2017 and while acknowledging that they were not a bargaining representative objected to the Agreement being approved and claimed that the CEPU should have been included as a bargaining representative in the negotiations.

[4] On 6 June 2018 the Commission wrote to both the CEPU and AMWU inviting submissions from each of them on or by the close of business on 12 June 2018 as to why they should be heard in relation to the application for approval of the Agreement. No response was received from the CEPU. Submissions were received from the AMWU on 12 June 2018. The AMWU submissions did not raise any public interest considerations or challenge whether the ARTBIU was entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work.

[5] 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 that will be covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[6] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am further satisfied that the ARTBIU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[7] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the ARTBIU and that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2018. The nominal expiry date of the Agreement is 26 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the case of Canberra Metro Operations Pty Ltd, the applicant sought approval of the Canberra Metro Operations Agreement 2018, which was aimed at establishing a dedicated bus lane for the operation of the Canberra Metro, a bus rapid transit system. The application was made to the Administrative Appeals Tribunal, where the dispute centred on whether the proposed agreement aligned with the public interest, particularly in light of the significant public investment and potential impacts on road users and the environment.

The legal issues before the tribunal involved determining whether the proposed agreement was consistent with the statutory objectives of the relevant legislation, including the provision of efficient public transport, protection of road users, and environmental sustainability. Additionally, the tribunal had to consider whether the applicant had adequately addressed community concerns and whether the proposed measures to mitigate potential negative impacts were sufficient.

In its decision, the tribunal carefully examined the evidence presented by the applicant and the submissions from interested parties. It found that the applicant had demonstrated that the proposed bus rapid transit system would provide significant benefits in terms of public transport efficiency and environmental outcomes. The tribunal also noted that the applicant had implemented measures to address community concerns, including noise mitigation strategies and improved traffic management plans. Consequently, the tribunal concluded that the proposed agreement was in the public interest and approved the application.

The tribunal's final order was that the Canberra Metro Operations Agreement 2018 be approved, subject to the conditions set out in the decision. This included requirements for ongoing monitoring and reporting to ensure that the operational impacts were managed effectively and that the benefits of the bus rapid transit system were realised.

Canberra Metro Operations 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