DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cranbourne Transit Admin Pty Ltd atf Cranbourne Admin Unit Trust
(AG2019/4059)

CRANBOURNE TRANSIT ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non-rail) industry
COMMISSIONER YILMAZ	MELBOURNE, 11 NOVEMBER 2019

Application for approval of the Cranbourne Transit Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cranbourne Transit 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 Cranbourne Transit Admin Pty Ltd atf Cranbourne Admin Unit Trust. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 17.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 18 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Cranbourne Transit Admin Pty Ltd acting on behalf of the Cranbourne Admin Unit Trust, who applied for the approval of the Cranbourne Transit Enterprise Agreement 2018. The application was heard by the Fair Work Commission, an Australian independent statutory body responsible for the resolution of workplace disputes. The primary nature of the dispute was whether the enterprise agreement complied with the Fair Work Act 2009, specifically focusing on whether it met the requirements for a valid agreement under the Act.

The legal issues the court was required to decide included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, whether it contained the necessary minimum terms and conditions, and whether it was free from any invalid provisions. The applicant needed to demonstrate that the agreement was made without any coercion, had been properly certified, and did not unfairly discriminate against any class of employee. Additionally, the court examined whether the agreement contained all the prescribed minimum terms and conditions as outlined by the Act and whether any provisions were inconsistent with or invalidated by any other law.

The Fair Work Commission, after a detailed examination of the evidence and submissions, found that the application met the requirements of the Fair Work Act. The agreement was approved on the basis that it had been made without any procedural defects, it contained all the necessary minimum terms and conditions, and no part of it was invalid or inconsistent with any other law. The Commission was satisfied that the agreement was fairly made and did not unfairly discriminate against any group of employees. Consequently, the application for approval was granted, and the enterprise agreement was duly approved.

Cranbourne Transit Admin Pty Ltd atf Cranbourne Admin Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established