DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moorabbin Transit Pty Ltd
(AG2018/6637)

MOORABBIN TRANSIT P/L ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 APRIL 2019

Application for approval of the Moorabbin Transit P/L Enterprise Agreement 2018

[1] Moorabbin Transit Pty Ltd has made an application for approval of an enterprise agreement known as the Moorabbin Transit P/L Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 29 April 2019 and, in accordance with s 54, will operate from 6 May 2019. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Moorabbin Transit Pty Ltd, a transport company, and its employees represented by the Transport Workers Union. The dispute centred on the approval of the Moorabbin Transit Enterprise Agreement 2018, which was submitted to the Fair Work Commission for endorsement. The Fair Work Commission heard the matter, tasked with determining whether the agreement met the legal requirements for endorsement under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms, whether the agreement included the required minimum terms, and whether the agreement had been made in accordance with the process prescribed by the Fair Work Act. The Commission also needed to consider the process followed in the negotiation of the agreement and whether it was made in good faith.

The Commission found that the agreement provided for fair and reasonable terms, included the minimum terms required by the Fair Work Act, and was made in accordance with the process prescribed by the Act. The Commission also found that the agreement was made in good faith, as it was the product of genuine and meaningful negotiations between the parties. The Commission approved the agreement, stating that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the Moorabbin Transit Enterprise Agreement 2018, endorsing it as meeting the legal requirements for approval under the Fair Work Act. The approval of the agreement was a significant step in ensuring that the employees of Moorabbin Transit were provided with fair and reasonable terms of employment. The decision of the Commission is a reminder of the importance of good faith negotiations and the need for all parties to adhere to the legal requirements when entering into enterprise agreements.

Moorabbin Transit Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established