DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Coastal ATM Services Pty Ltd T/A The Trustee For Coastal ATM Services Trust
(AG2020/1989)

COASTAL ATM SERVICES PTY LTD ENTERPRISE AGREEMENT 2020

Road transport industry, Business equipment industry, Security services
COMMISSIONER HUNT	BRISBANE, 20 AUGUST 2020

Application for approval of the Coastal ATM Services Pty Ltd Enterprise Agreement 2020.

[1] Coastal ATM Services Pty Ltd T/A The Trustee For Coastal ATM Services Trust (the Employer) has applied for approval of an enterprise agreement known as the Coastal ATM Services Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives regarding the undertakings. On 12 August 2020, one of the employee bargaining representatives wrote to my chambers advising that he had no concerns or further queries regarding the matter.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I note that the model flexibility term is taken to be a term of the Agreement and can be found at the end of the Agreement.

[5] I also note that the vote occurred on the seventh day (23 June 2020) after notification (16 June 2020) and therefore not at least seven clear days after notification time before voting commenced. Nonetheless, when four out of the five employees covered by the proposed Agreement voted, they voted unanimously to approve the Agreement. I am therefore satisfied having regard to circumstances before me that the failure to provide the 7 clear days’ notice can be regarded as minor procedural error and further, that the employees were not likely to have been disadvantaged as a result of it.

[6] Having regard to the matters outlined in [5] above, I am satisfied the Agreement has been genuinely agreed.

[7] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, together with my conclusion at [5] – [6] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2020. The nominal expiry date of the Agreement is four years from the date of approval per clause 2.4 of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case involved Coastal ATM Services Pty Ltd, trading as the trustee for the Coastal ATM Services Trust, which sought approval for its Enterprise Agreement 2020. The Fair Work Commission was the forum for this application, as it deals with matters related to workplace relations and industrial relations law. The primary issue before the Commission was whether the Enterprise Agreement 2020 met the legal criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained the necessary provisions and if it was made in good faith, ensuring it complied with all relevant legislative requirements.

The Commission examined the contents of the Enterprise Agreement 2020 to ascertain if it provided for minimum terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and other employment-related matters. Additionally, the Commission considered whether the agreement was genuinely negotiated between the employer and the employees' representatives and whether it was made without any coercion or undue influence. The Commission also looked at whether the agreement provided for the resolution of any disputes that might arise in the future and if it contained any unfair terms that would disadvantage employees.

In reaching its decision, the Commission found that the Enterprise Agreement 2020 contained all the necessary provisions for minimum terms and conditions of employment and was made in good faith. The agreement was genuinely negotiated and did not include any unfair terms. The Commission was satisfied that the agreement provided for the resolution of future disputes and complied with all relevant legislative requirements. Therefore, the Commission approved the Enterprise Agreement 2020, finding it to be fair and reasonable.

The Fair Work Commission approved the Coastal ATM Services Pty Ltd Enterprise Agreement 2020, confirming its compliance with the Fair Work Act 2009. This approval ensures that the terms and conditions of employment are adequately covered and that the agreement was made in good faith without any unfair provisions. This decision sets a precedent for similar enterprise agreements in the industry and provides clarity on the requirements for approval under the Fair Work Act 2009.

Coastal ATM Services Pty Ltd T/A The Trustee For Coastal ATM Services Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established