National Transport Commission

[2016] FWCA 949

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Transport Commission

(AG2015/7089)

NATIONAL TRANSPORT COMMISSION (NTC) ENTERPRISE

AGREEMENT 2015 - 2018

Commonwealth employment

COMMISSIONER LEE

MELBOURNE, 12 FEBRUARY 2016

Application for approval of the National Transport Commission (NTC) Enterprise Agreement

2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the

National Transport Commission (NTC) Enterprise Agreement 2015-2018 (the Agreement).

The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been

made by the National Transport Commission. The Agreement is a single enterprise

agreement.

[2] 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 CPSU, the Community and Public Sector Union 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) I note that the Agreement covers the organisation.
[2016] FWCA 949

[4] The Agreement was approved on 12 February 2016 and, in accordance with s.54, will

operate from 19 February 2016. The nominal expiry date of the Agreement is 11 February

2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Transport Commission (NTC) made an application for the approval of the National Transport Commission (NTC) Enterprise Agreement 2015-2018. The application was made pursuant to section 185 of the Fair Work Act 2009. The court was tasked with determining whether the Agreement met the necessary criteria for approval under the Act.

The court examined whether the application met the requirements of sections 186, 187, and 188 of the Act, which relate to the approval of enterprise agreements. It also considered whether the Community and Public Sector Union, a bargaining representative for the Agreement, had given the required notice under section 183 of the Act. The court found that the application satisfied all relevant requirements.

After reviewing the evidence and arguments presented, the court determined that the Agreement met the necessary criteria for approval. The court was satisfied that the Agreement covered the organisation in accordance with section 201(2) of the Act. The Agreement was approved and will operate from 19 February 2016, with a nominal expiry date of 11 February 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established