DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centurion Transport Company Pty Ltd
(AG2015/5870)

CENTURION TRANSPORT COMPANY PTY LTD WORKSHOP EMPLOYEES ENTERPRISE AGREEMENT 2015

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 NOVEMBER 2015

Application for approval of the Centurion Transport Company Pty Ltd Workshop Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Centurion Transport Company Pty Ltd Workshop Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Centurion Transport Company Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 6 November 2015 and, in accordance with s.54, will operate from 13 November 2015. The nominal expiry date of the Agreement is 13 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Centurion Transport Company Pty Ltd, sought approval of the Workshop Employees Enterprise Agreement 2015. The respondents, the Transport Workers Union of Australia and the Rail, Tram and Bus Union, opposed the application on several grounds. The matter was heard in the Fair Work Commission, with the Commission comprising of Deputy President G.L. Taylor, Ms M.A. O'Sullivan, and Ms A.M. Greenaway.

The primary legal issue before the court was whether the agreement met the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions of employment. The court also needed to determine whether the agreement was in the best interests of the employees and whether it complied with relevant industrial laws.

The court considered the arguments presented by both parties and reviewed the terms of the agreement. It found that the agreement was made in good faith and contained the necessary minimum terms and conditions of employment. The court also found that the agreement was in the best interests of the employees and complied with relevant industrial laws. As such, the court approved the application for the Workshop Employees Enterprise Agreement 2015.

The Fair Work Commission approved the application for the Centurion Transport Company Pty Ltd Workshop Employees Enterprise Agreement 2015. The agreement was found to meet all legal requirements, including being made in good faith and containing the necessary minimum terms and conditions of employment. The court determined that the agreement was in the best interests of the employees and complied with relevant industrial laws.

Centurion Transport Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established