CDC Western Australia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, CDC Western Australia Pty Ltd, sought approval of the CDC Western Australia Bus Services Greenfields Agreement 2022-2025. The application was brought before the Fair Work Commission, which was asked to determine whether the proposed agreement met the requirements of the Fair Work Act 2009. The agreement in question was a registered agreement under section 233 of the Act, and it was made between the applicant and a number of bus drivers employed by the applicant.

The central legal issue before the Commission was whether the proposed agreement was a "certified agreement" as defined in section 230 of the Act. A certified agreement is one that has been registered by the Fair Work Commission and that meets certain criteria, including that it has been made in accordance with the processes set out in the Act. The Commission was asked to consider whether the agreement in question had been made in accordance with the processes set out in the Act and whether it met the other requirements for registration.

The Commission found that the agreement met the requirements for registration under the Act. It found that the agreement had been made in accordance with the processes set out in the Act, and that it met all of the other requirements for registration. The Commission noted that the agreement had been negotiated between the parties in good faith, and that it contained all of the necessary provisions required by the Act. The Commission also noted that the agreement had been approved by the necessary majority of the employees, and that it would provide a fair and effective means of resolving any disputes that might arise between the parties.

The Commission approved the agreement, and it was registered as a certified agreement under the Act. The agreement will now be in force for the period of 2022 to 2025, and it will govern the employment of the bus drivers in question. The Commission's decision provides clarity for both the applicant and the employees as to the terms and conditions of their employment, and it ensures that the agreement is in compliance with the requirements of the Act.

CDC Western Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established