CDC Mildura Pty Ltd

[2022] FWCA 3210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CDC Mildura Pty Ltd

(AG2022/3587)

CDC MILDURA BUS DRIVER ENTERPRISE AGREEMENT2022 - 2025

Passenger vehicle transport (non rail) industry
COMMISSIONER WILSON	MELBOURNE, 14 SEPTEMBER 2022

Application for approval of the CDC MILDURA BUS DRIVER ENTERPRISE AGREEMENT2022 - 2025

An application has been made for approval of an enterprise agreement known as the CDC MILDURA BUS DRIVER ENTERPRISE AGREEMENT2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CDC Mildura Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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 covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Transport Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CDC Mildura Pty Ltd applied to the Fair Work Commission for approval of the CDC Mildura Bus Driver Enterprise Agreement 2022-2025. The respondent, the Australian Council of Trade Unions (ACTU), argued that the agreement did not comply with the Fair Work Act 2009 and that it should not be approved. The applicant argued that the agreement was in compliance with the Act and should be approved.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the payment of wages, conditions of employment, and termination of employment, and whether it provided for the resolution of disputes. The Commission also considered whether the agreement was made in good faith and whether it was in the best interests of the employees.

The Commission found that the agreement was in compliance with the Fair Work Act 2009. The agreement provided for the payment of wages, conditions of employment, and termination of employment, and it provided for the resolution of disputes through a two-step process. The Commission was satisfied that the agreement was made in good faith and that it was in the best interests of the employees.

The Commission approved the CDC Mildura Bus Driver Enterprise Agreement 2022-2025. The agreement will now be registered with the Fair Work Commission and will be legally binding on the parties. The Commission noted that the agreement provided for a fair and reasonable outcome for both the employer and the employees, and that it reflected the needs and circumstances of the bus drivers in Mildura.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established