CDC Victoria Pty Ltd T/A CDC Victoria

[2023] FWCA 2991

[2023] FWCA 2991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CDC Victoria Pty Ltd T/A CDC Victoria

(AG2023/3134)

CDC VICTORIA MAINTENANCE SERVICES ENTERPRISE AGREEMENT - 2023-2026

Passenger vehicle transport (non rail) industry
COMMISSIONER ALLISON	MELBOURNE, 19 SEPTEMBER 2023

Application for approval of the CDC Victoria Maintenance Services Enterprise Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement known as the CDC Victoria Maintenance Services Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CDC Victoria Pty Ltd T/A CDC Victoria. The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023. Given the notification time for the Agreement was 30 March 2023, the transitional arrangements for the Amending Act provide that the genuine agreement requirements in Part 2-4 of the Act as they stood just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 29 August 2023 the better off overall test provisions in Part 2-4 of the Act as amended on 6 June 2023 apply.

1. 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.

1. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

1. The Agreement was approved on 19 September 2023 and, in accordance with s.54, will operate from 26 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521524  PR766282>

Annexure A