CDC Western Australia Pty Ltd

[2019] FWCA 7001

[2019] FWCA 7001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CDC Western Australia Pty Ltd
(AG2019/3451)

CDC WESTERN AUSTRALIA BUS SERVICES GREENFIELDS AGREEMENT 2019 - 2023

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 OCTOBER 2019

Application for approval of the CDC WESTERN AUSTRALIA BUS SERVICES GREENFIELDS AGREEMENT 2019 - 2023.

[1] An application has been made for approval of a greenfields agreement known as the CDC WESTERN AUSTRALIA BUS SERVICES GREENFIELDS AGREEMENT 2019 - 2023 (the Agreement). The application was made by CDC Western Australia Pty Ltd 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 Transport Workers’ Union of Australia (TWU) 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] I note that Clauses 16.5, 27.8(b), 31.1, 31.4, 33.1(e), 4.13(b) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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<AE505662  PR713192>