Canberra Metro Operations Pty Ltd

[2018] FWCA 3708

[2018] FWCA 3708

FAIR WORK COMMISSION

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

<AE428936  PR608380>

Annexure A