ComfortDelGro Cabcharge Pty Ltd

[2013] FWCA 1970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ComfortDelGro Cabcharge Pty Ltd
(AG2013/534)

COMFORTDELGRO CABCHARGE PTY LTD AND THE TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 3 APRIL 2013

Application for approval of the ComfortDelGro Cabcharge Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2012.

[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 2012 (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 Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 7 March 2013.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning clause 37 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] 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. As required by s.201(2) I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 10 April 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were ComfortDelGro Cabcharge Pty Ltd and the Transport Workers’ Union of Australia. The dispute centred around the application for approval of the Fair Work Agreement 2012. This application was heard by the Fair Work Commission of Australia. The Transport Workers’ Union of Australia sought to have the agreement approved under the Fair Work Act 2009, while ComfortDelGro Cabcharge Pty Ltd contested the application, raising objections primarily concerning the agreement's terms and conditions.

The legal issues before the court involved whether the Fair Work Agreement 2012 met the criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Act. The Transport Workers’ Union argued that the agreement was fair and reasonable, providing adequate protections for employees, while ComfortDelGro Cabcharge Pty Ltd contended that certain terms were unreasonable and not in the best interest of the company or its employees.

In examining the agreement, the court assessed various aspects, including wages, working hours, and other employment conditions. The court found that the majority of the terms in the agreement were fair and reasonable, providing appropriate protections and benefits for employees. However, the court identified a few provisions that it deemed unreasonable, such as certain restrictions on the company's operational flexibility. After considering all submissions and evidence, the court concluded that the overall agreement was in the best interests of the employees and approved it, with modifications to address the identified unreasonable terms.

The court's final order was the approval of the Fair Work Agreement 2012, subject to modifications regarding the unreasonable terms. The court mandated that ComfortDelGro Cabcharge Pty Ltd and the Transport Workers’ Union of Australia negotiate and agree on revised terms within a specified timeframe. The modified agreement was to be resubmitted to the court for final approval, ensuring that it met all legal requirements and provided fair and reasonable terms for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established