DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CTI Transport Systems Pty Ltd T/A CTI Taxi Trucks
(AG2018/4652)

CTI TRANSPORT SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 7 MARCH 2019

Application for approval of the CTI Transport Systems Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CTI Transport Systems Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by CTI Transport Systems Pty Ltd T/A CTI Taxi Trucks. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[7] The Agreement was approved on 7 March 2019 and, in accordance with s 54, will operate from 14 March 2019. The nominal expiry date of the Agreement is 12 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, CTI Transport Systems Pty Ltd trading as CTI Taxi Trucks, applied for the approval of the Enterprise Agreement 2017. The applicant sought to have the agreement registered under the Fair Work Act 2009. The dispute arose as the applicant and the union representing the employees had reached an agreement on terms and conditions of employment, but required the Fair Work Commission's approval for the agreement to be legally binding.

The legal issues before the court centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained the necessary minimum terms and conditions, if it was free from any prohibited content, and if it was made in good faith and without coercion. Additionally, the court needed to ensure that the agreement provided for proper dispute resolution mechanisms and was compliant with any relevant industrial instruments.

In examining the agreement, the court considered the parties' bargaining positions, the content of the agreement, and whether the agreement was likely to promote harmonious, productive and economic relationships. The court found that the agreement contained all the necessary minimum terms and conditions and did not include any prohibited content. The court was satisfied that the agreement was made in good faith, without coercion, and provided adequate dispute resolution mechanisms. Furthermore, the court determined that the agreement was likely to promote the objectives of the Act by maintaining fair and productive industrial relations.

As a result, the court approved the Enterprise Agreement 2017, and the applicant's application was successful. The agreement was registered under the Fair Work Act 2009, and the terms and conditions set out in the agreement became legally binding on the parties.

CTI Transport Systems Pty Ltd T/A CTI Taxi Trucks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established