DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ComfortDelGro Cabcharge Pty Ltd
(AG2016/6815)

COMFORTDELGRO CABCHARGE PTY LTD AND THE TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2015

Passenger vehicle transport (non-rail) industry
COMMISSIONER GREGORY	MELBOURNE, 21 FEBRUARY 2017

Application for approval of the ComfortDelGro Cabcharge Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ComfortDelGro Cabcharge Pty Ltd and the Transport Workers’ Union of Australia Fair Work 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 ComfortDelGro Cabcharge 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ComfortDelGro Cabcharge Pty Ltd, a taxi service provider, applied to the Fair Work Commission for approval of the ComfortDelGro Cabcharge Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2015. The Transport Workers’ Union of Australia, the union representing taxi drivers, opposed the application, raising concerns about the agreement's provisions concerning pay rates, conditions, and dispute resolution. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The Commission examined the agreement's provisions, considering the balance of the agreement, the extent to which it facilitated the achievement of an efficient workplace relationship, and the need for a safety net to protect employees. The Commission found that the agreement provided for a comprehensive set of terms and conditions that were fair and reasonable, and that it facilitated an efficient workplace relationship. The Commission also found that the agreement provided for an appropriate safety net for employees, and that the dispute resolution provisions were effective and efficient.

The Commission approved the agreement, noting that it met the criteria for approval under the Fair Work Act. The Commission found that the agreement provided for a fair and reasonable set of terms and conditions, facilitated an efficient workplace relationship, and provided for an appropriate safety net for employees. The Commission also found that the dispute resolution provisions were effective and efficient.

The Fair Work Commission approved the ComfortDelGro Cabcharge Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2015, finding that it met the criteria for approval under the Fair Work Act. The agreement provides for a fair and reasonable set of terms and conditions, facilitates an efficient workplace relationship, and provides for an appropriate safety net for employees. The dispute resolution provisions are effective and efficient.

ComfortDelGro Cabcharge 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