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

[2020] FWCA 4390

[2020] FWCA 4390

FAIR WORK COMMISSION

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

<AE508788  PR721972>

Annexure A: