DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ComfortDelGro Corporation Australia Pty Ltd T/A Hillsbus; Hunter Valley Buses; QCity Transit; Blue Mountains Transit
(AG2017/6751)

CDC NSW ENGINEERING ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 20 APRIL 2018

Application for approval of the CDC NSW Engineering Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CDC NSW Engineering Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ComfortDelGro Corporation Australia Pty Ltd T/A Hillsbus; Hunter Valley Buses; QCity Transit; Blue Mountains Transit. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, ComfortDelGro Corporation Australia Pty Ltd trading as Hillsbus, along with Hunter Valley Buses, QCity Transit, and Blue Mountains Transit, applied for approval of the CDC NSW Engineering Enterprise Agreement 2018. The application was made to the Fair Work Commission. The primary dispute was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the protection of employees' rights and interests. The application also considered the bargaining process and the fairness of the terms proposed.

The legal issues before the Commission involved assessing whether the agreement met the criteria for approval under section 233 of the Fair Work Act. This included determining if the agreement provided for minimum terms as required by section 230 and if it had been made in good faith and contained appropriate dispute resolution processes. The Commission also examined whether the agreement would result in employees being worse off overall.

The Commission found that the proposed agreement did indeed comply with the necessary legislative requirements. The agreement was deemed to be made in good faith, as it was the product of genuine negotiations between the parties. The Commission also determined that the agreement provided for the minimum terms mandated by the Fair Work Act and contained appropriate dispute resolution mechanisms. Importantly, the Commission concluded that employees would not be worse off overall as a result of the agreement, thus meeting the 'better off overall test'. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the CDC NSW Engineering Enterprise Agreement 2018, effective from the date of the decision. The agreement is now registered, and its terms will apply to the employees covered by the agreement. This decision provides clarity and certainty for the parties involved and ensures that the rights and interests of employees are protected under the new agreement.

ComfortDelGro Corporation Australia Pty Ltd T/A Hillsbus; Hunter Valley Buses; QCity Transit; Blue Mountains Transit

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established