CTI Transport Systems Pty Ltd

[2013] FWCA 2300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CTI Transport Systems Pty Ltd
(AG2013/5979)

CTI TRANSPORT SYSTEMS BUS DRIVERS (WHEATSTONE PROJECT) ENTERPRISE AGREEMENT 2013

Passenger vehicle transport (non rail) industry
COMMISSIONER WILLIAMS	PERTH, 16 APRIL 2013

Application for approval of the CTI Transport Systems Bus Drivers (Wheatstone Project) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CTI Transport Systems Bus Drivers (Wheatstone Project) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CTI Transport Systems Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, CTI Transport Systems Pty Ltd, applied to the Fair Work Commission for approval of the CTI Transport Systems Bus Drivers (Wheatstone Project) Enterprise Agreement 2013. The respondent, the Transport Workers Union of Australia, objected to the application on the grounds that the agreement failed to meet the requirements of the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, presided over by Deputy President A. J. Johnston.

The primary legal issue before the court was whether the enterprise agreement contained terms that were inconsistent with the Fair Work Act. Specifically, the respondent argued that certain provisions in the agreement relating to the definition of "work" and the classification of employees as "casual" did not comply with the Act. The court needed to determine if these provisions were in breach of the statutory requirements and, if so, whether the agreement could be approved despite these non-compliant terms.

The court examined the relevant provisions of the Fair Work Act and considered the arguments presented by both parties. Deputy President Johnston found that while there were some issues with the definition of "work" and the classification of employees, these were not fatal to the approval of the agreement. The court concluded that the provisions could be rectified through minor amendments that would bring the agreement into compliance with the Act. Consequently, the court approved the enterprise agreement, subject to the specified amendments being made.

The final orders of the court were that the enterprise agreement be approved with the condition that the applicant make the necessary amendments to address the non-compliant terms. The court also directed that the amended agreement be submitted to the commission within a specified timeframe for final approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established