Cranbourne Transit Admin Pty Ltd atf Cranbourne Admin Unit Trust T/A Cranbourne Transit Admin Pty Ltd

[2023] FWCA 2634

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cranbourne Transit Admin Pty Ltd atf Cranbourne Admin Unit Trust T/A Cranbourne Transit Admin Pty Ltd

(AG2023/2712)

CRANBOURNE TRANSIT ADMIN PTY LTD ATF CRANBOURNE TRANSIT ADMIN UNIT TRUST MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2023 – 2027

Passenger transport services industry
COMMISSIONER CRAWFORD	SYDNEY, 18 AUGUST 2023

Application for approval of the Cranbourne Transit Admin Pty Ltd ATF Cranbourne Transit Admin Unit Trust Maintenance Services Enterprise Agreement 2023 – 2027

An application has been made for approval of an enterprise agreement known as the Cranbourne Transit Admin Pty Ltd ATF Cranbourne Transit Admin Unit Trust Maintenance Services Enterprise Agreement 2023 – 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cranbourne Transit Admin Pty Ltd as trustee for Cranbourne Admin Unit Trust (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertaking is taken to be a term of the Agreement.

Noting clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will have work to do at least in relation to clause 24.9 and 24.10, because the clause does not reflect that the compassionate leave entitlements are applicable in cases of miscarriage or stillbirth as per the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”known as the Australian Manufacturing Workers’ Union(AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Cranbourne Transit Admin Pty Ltd, acting on behalf of Cranbourne Transit Admin Unit Trust, applied to the Fair Work Commission for approval of the Cranbourne Transit Admin Unit Trust Maintenance Services Enterprise Agreement 2023 – 2027. The applicant sought to have the agreement registered as a single enterprise agreement under the Fair Work Act 2009, which would cover the entire workforce of the applicant company. The dispute primarily revolved around the terms and conditions outlined in the proposed agreement and whether these terms complied with the statutory requirements for enterprise agreements.

The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria for registration, including whether it was fairly negotiated, contained all required terms and conditions, and complied with the provisions of the Fair Work Act. The Commission also needed to ensure that the agreement was not contrary to public policy and did not unfairly discriminate against employees.

After reviewing the application and the contents of the proposed agreement, the Commission concluded that the agreement was fairly negotiated and contained all required terms and conditions. The Commission found that the agreement did not contravene the Fair Work Act and was not contrary to public policy. Therefore, the Commission approved the application and registered the Cranbourne Transit Admin Unit Trust Maintenance Services Enterprise Agreement 2023 – 2027 as a single enterprise agreement. The decision confirmed that the agreement would now govern the employment terms and conditions for the workforce of Cranbourne Transit Admin Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established