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

[2023] FWCA 2634

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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