Computertrans (Aust) Pty Limited

[2014] FWCA 4225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Computertrans (Aust) Pty Limited
(AG2014/1396)

COMPUTERTRANS AUSTRALIA - EMPLOYEES ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 27 JUNE 2014

Application for approval of the Computertrans Australia - Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Computertrans Australia - Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Computertrans (Aust) Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 of the Act relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 27 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Computertrans (Aust) Pty Limited concerned an application for the approval of the Computertrans Australia - Employees Enterprise Agreement 2014. The applicant, Computertrans (Aust) Pty Limited, sought to have the enterprise agreement registered under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees of the company, with a focus on whether the agreement met the legal requirements for registration.

The central legal issue before the Commission was whether the enterprise agreement satisfied the formal requirements for approval under section 233 of the Fair Work Act. This included assessing whether the agreement was genuinely negotiated, whether it contained the mandatory terms and conditions as prescribed by the Act, and whether it was free from prohibited content. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees and whether it complied with the procedural requirements for registration.

The Commission carefully examined the evidence and submissions from both parties. It found that the agreement was genuinely negotiated and contained all the mandatory terms and conditions as required by the Act. The Commission was satisfied that the agreement was free from prohibited content and that it was in the best interests of the employees. The procedural requirements for registration were also met, including the requirement for the agreement to be in writing and the process for its negotiation and approval. Based on these findings, the Commission approved the Computertrans Australia - Employees Enterprise Agreement 2014.

The Fair Work Commission approved the Computertrans Australia - Employees Enterprise Agreement 2014, finding it met all legal requirements for registration. The agreement was registered under the Fair Work Act 2009, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established