| [2022] FWCA 3843 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cubic Transportation Systems (Australia) Pty Limited
(AG2022/4461)
Cubic Transportation Systems (Australia), NSW Services Enterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 2 NOVEMBER 2022 |
Application for approval of the Cubic Transportation Systems (Australia), NSW Services Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Cubic Transportation Systems (Australia), NSW Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cubic Transportation Systems (Australia) Pty Limited. 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.
I note that clause 20.7 (Redundancy) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 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.
The Australian Municipal, Administrative, Clerical and Services Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2022. The nominal expiry date of the Agreement is 31 July 2025.
DEPUTY PRESIDENT
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- AGLC
- Cubic Transportation Systems (Australia) Pty Limited [2022] FWCA 3843
- Case
- [2022] FWCA 3843
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the proposed terms and conditions were procedurally and substantively fair. Procedurally, the Commission needed to ascertain if the agreement had been negotiated in good faith and if proper consultation had occurred. Substantively, the Commission considered whether the terms and conditions provided for adequate pay and conditions for the employees, including whether they were consistent with the national minimum standards. The penalties for not adhering to rostered days off and the definition of "rostered day off" were scrutinised to ensure they did not unfairly disadvantage the employees.
The Fair Work Commission found that the agreement had been negotiated in good faith and that proper consultation had taken place. The Commission considered the pay rates and conditions proposed in the agreement to be fair and consistent with the national minimum standards. The penalties for not adhering to rostered days off were deemed reasonable, and the definition of "rostered day off" was considered to be clear and fair. Consequently, the Commission approved the Cubic Transportation Systems (Australia) NSW Services Enterprise Agreement 2022. The approval was made effective from the date of the decision, ensuring that the terms and conditions of the agreement could be implemented.
Orders
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Background
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