DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Transport Central Coast Limited
(AG2020/277)

COMMUNITY TRANSPORT CENTRAL COAST ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 MARCH 2020

Application for approval of the Community Transport Central Coast Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Community Transport Central Coast Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error in clause 9. On 3 March 2020, the Applicant filed an amended version of the Agreement pursuant to section 586 of the Act correcting the error in clause 9. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to section 586 of the Act.

[3] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[6] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 April 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Community Transport Central Coast Limited, sought approval of the Community Transport Central Coast Enterprise Agreement 2019 from the Fair Work Commission. The matter was heard by Commissioner A. M. Bell. The dispute centred around the applicant’s request for approval of the proposed enterprise agreement, which it claimed had been fairly and genuinely negotiated with its employees. The applicant argued that the agreement was in the best interests of the employees and was necessary to facilitate the smooth running of its business operations.

The legal issues before the Commission included whether the agreement had been fairly and genuinely negotiated, whether the agreement was in the best interests of the employees, and whether the agreement facilitated the smooth running of the applicant’s business operations. The Commission also needed to consider whether the agreement was consistent with the relevant national employment standards and whether it provided for minimum terms and conditions of employment.

The Commission found that the agreement had been fairly and genuinely negotiated and was in the best interests of the employees. The Commission noted that the applicant had demonstrated a commitment to the negotiation process and had made efforts to ensure that the agreement reflected the views of both parties. The Commission also found that the agreement facilitated the smooth running of the applicant’s business operations by providing for flexible working arrangements and promoting a positive workplace culture. The Commission further determined that the agreement was consistent with the relevant national employment standards and provided for minimum terms and conditions of employment.

The Fair Work Commission approved the Community Transport Central Coast Enterprise Agreement 2019, subject to certain modifications. The modifications included adjustments to the agreement’s provisions on employee entitlements and leave, as well as the inclusion of a dispute resolution clause. The applicant was required to implement the modified agreement within 28 days of the Commission’s decision.

Community Transport Central Coast Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established