Department of Transport

[2020] FWCA 4550

[2020] FWCA 4550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Transport
(AG2020/2096)

DEPARTMENT OF TRANSPORT - ROADS OCCUPATIONS ENTERPRISE AGREEMENT 2020

State and Territory government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 27 AUGUST 2020

Application for approval of the Department of Transport - Roads Occupations Enterprise Agreement 2020.

[1] The Department of Transport has applied for approval of a single enterprise agreement known as the Department of Transport - Roads Occupations Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, the Agreement contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

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

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Australian Workers' Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 27 August 2020 and, in accordance with s.54, will operate from 3 September 2020. The nominal expiry date of the Agreement is 20 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508862 PR722214>

Annexure A