CDC Western Australia Pty Ltd
[2022] FWCA 750
•3 MARCH 2022
| [2022] FWCA 750 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
CDC Western Australia Pty Ltd
(AG2022/440)
CDC Western Australia Bus Services Greenfields Agreement 2022 – 2025
| Passenger vehicle transport (non rail) industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 3 MARCH 2022 |
Application for approval of the CDC Western Australia Bus Services Greenfields Agreement 2022-2025
An application has been made for approval of an enterprise agreement known as the CDC Western Australia Bus Services Greenfields Agreement 2022-2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.
Based on the statutory declaration provided by the organisation, 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 satisfied that the Transport Workers’ Union of Australia was a bargaining representative for the Agreement. I note that the Agreement covers the Transport Workers’ Union of Australia.
I am satisfied that the Agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work.
I am satisfied that it is in the public interest to approve the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 March 2022. The nominal expiry date of the Agreement is 30 September 2025.
DEPUTY PRESIDENT
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Annexure A
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