DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CDC Sydney Pty Ltd T/A CDC Sydney
(AG2020/3997)

CDC SYDNEY DRIVERS AGREEMENT 2020

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 11 FEBRUARY 2021

Application for approval of the CDC Sydney Drivers Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the CDC Sydney Drivers Agreement 2020 (the Agreement). The application was made by CDC Sydney Pty Ltd T/A CDC Sydney pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers' Union of Australia 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.

[3] The Agreement lodged contained an error at clause 3(b) regarding the nominal expiry date. On 4 February 2021, the Applicant filed an amended Agreement, fixing the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers' Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CDC Sydney Pty Ltd, trading as CDC Sydney, applied to the Fair Work Commission for approval of the CDC Sydney Drivers Agreement 2020. The application involved determining whether the agreement met the criteria for an enterprise agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for drivers working for CDC Sydney, including issues related to pay, hours of work, and other employment conditions.

The legal issues before the Commission included whether the agreement covered the appropriate bargaining unit, whether it complied with the procedural requirements for an enterprise agreement, and whether the agreement was in the best interests of the employees. The Commission had to assess whether the agreement was made in good faith, whether it complied with the statutory requirements, and whether it provided for the terms and conditions of employment in a fair and reasonable manner.

In its decision, the Fair Work Commission found that the CDC Sydney Drivers Agreement 2020 met the criteria for an enterprise agreement. The Commission determined that the agreement was made in good faith, complied with the procedural requirements, and was in the best interests of the employees. The Commission approved the agreement, stating that it provided for fair and reasonable terms and conditions of employment for the drivers. The Commission's approval was based on the evidence presented, which demonstrated that the agreement had been negotiated in a fair and transparent manner, and that it met the statutory requirements under the Fair Work Act 2009.

The Commission made an order approving the CDC Sydney Drivers Agreement 2020 as an enterprise agreement under the Fair Work Act 2009. The agreement was approved for a period of four years, from 1 March 2020 to 28 February 2024, and is applicable to all drivers employed by CDC Sydney during that period. The approval of the agreement ensures that the drivers have a legally binding agreement that governs their employment terms and conditions, and provides a framework for resolving any future disputes that may arise.

CDC Sydney Pty Ltd T/A CDC Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established