Cranbourne Transit Admin Pty Ltd ATF Cranbourne Transit Admin Unit Trust

[2022] FWCA 2461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cranbourne Transit Admin Pty Ltd ATF Cranbourne Transit Admin Unit Trust

(AG2022/2377)

Cranbourne Transit Enterprise Agreement 2022

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 22 JULY 2022

Application for approval of the Cranbourne Transit Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Cranbourne Transit Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Cranbourne Transit Admin Pty Ltd ATF Cranbourne Transit Admin Unit Trust. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 July 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Cranbourne Transit Admin Pty Ltd, trading as Cranbourne Transit Admin Unit Trust, which sought approval of the Cranbourne Transit Enterprise Agreement 2022 from the Fair Work Commission. The application was brought under the Fair Work Act 2009, specifically targeting the process for the approval of an enterprise agreement that would govern the employment conditions of its workers. The Commission was tasked with determining whether the agreement met the statutory requirements and was in the best interests of the employees.

The central legal issues that the Commission needed to resolve were whether the enterprise agreement complied with the statutory criteria for approval, including provisions for minimum rates of pay, penalty rates, and other conditions. Furthermore, the Commission had to ascertain whether the agreement had been genuinely negotiated and if it provided adequate protections and benefits for the employees. The Commission also considered whether the agreement complied with the 'better off overall test', ensuring that employees were not worse off financially under the new agreement.

In its decision, the Commission carefully reviewed the provisions of the proposed agreement and examined submissions from both the employer and the employees. The Commission found that the agreement contained all necessary terms and conditions and was compliant with the statutory requirements. The agreement provided for fair and reasonable terms, and the Commission concluded that it was in the best interests of the employees. The Commission also determined that the agreement passed the 'better off overall test', as employees would not be worse off financially. Consequently, the Commission approved the Cranbourne Transit Enterprise Agreement 2022, allowing it to come into effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established