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
(AG2021/5794)

CDC NSW ENGINEERING ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 6 JULY 2021

Application for approval of the CDC NSW Engineering Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the CDC NSW Engineering Enterprise Agreement 2021 (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] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s 54, will operate from 13 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, ComfortDelgro Corporation Australia Pty Ltd, trading as various bus companies, sought approval for the CDC NSW Engineering Enterprise Agreement 2021. This agreement aimed to regulate employment terms and conditions for engineering employees within the applicant's operations. The application was contested by the Australian Manufacturing Workers' Union, which argued that the agreement failed to adequately address several critical issues, including classification and remuneration, shift penalties, and allowances.

The primary legal issues before the Commission revolved around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically sections 233 and 234. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it adhered to the principles of procedural fairness and good faith bargaining. A key aspect was assessing whether the agreement sufficiently protected the interests of the employees and whether it was free from any discriminatory or unfair provisions.

The Commission examined the evidence presented by both parties, including submissions on the classification of employees, the fairness of shift penalties, and the adequacy of allowances. The Commission found that while the agreement generally provided for fair and reasonable terms, there were deficiencies in the classification of certain employees and the calculation of shift penalties. After considering all submissions, the Commission approved the agreement with minor modifications to address these issues. The modifications included clarifying employee classifications and adjusting the calculation of shift penalties to ensure they were fair and reasonable.

The final orders included the approval of the CDC NSW Engineering Enterprise Agreement 2021, subject to the modifications made by the Commission. The agreement would now provide the terms and conditions of employment for engineering employees within the applicant's operations, ensuring compliance with the Fair Work Act 2009.

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