DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Computertrans (Aust) Pty Limited
(AG2018/3433)

COMPUTERTRANS AUSTRALIA - EMPLOYEES ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 NOVEMBER 2018

Application for approval of the Computertrans Australia - Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Computertrans Australia - Employees 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 Computertrans (Aust) Pty Limited. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 November 2018 and, in accordance with s.54, will operate from 27 November 2018. The nominal expiry date of the Agreement is 27 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Computertrans Australia - Employees Enterprise Agreement 2018. The applicant, Computertrans (Aust) Pty Limited, sought approval of the agreement under the Fair Work Act 2009. The dispute centred around the validity and fairness of the proposed enterprise agreement, which aimed to set out the terms and conditions of employment for the employees of the company.

The legal issues before the Commission included whether the agreement had been made in accordance with the requirements of the Fair Work Act, whether it was an appropriate enterprise agreement, and whether it met the "better off overall test" as mandated by the legislation. This test requires that an employee covered by the agreement be no worse off financially and have at least the same rights and conditions as they would have under the applicable award or safety net award. Additionally, the Commission had to consider whether the agreement was made without undue coercion and whether the necessary procedural fairness was observed.

The Commission examined the evidence and submissions provided by both parties. It found that the agreement had been made in good faith and without undue influence, and that it complied with the procedural requirements of the Fair Work Act. The Commission also concluded that the agreement was an appropriate enterprise agreement and satisfied the "better off overall test" for the majority of employees. Given these findings, the Commission approved the application for the agreement to be registered. The approval ensures that the terms and conditions of employment as outlined in the agreement will apply to the relevant employees, subject to the ongoing obligations and protections provided under the Fair Work Act.

The Fair Work Commission approved the application for the registration of the Computertrans Australia - Employees Enterprise Agreement 2018. This decision will now bind the parties and the employees covered by the agreement, providing certainty and stability in the workplace regarding the terms of employment.

Computertrans (Aust) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established