National Transport Commission Summary

[2024] FWCA 1194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Transport Commission

(AG2024/736)

NATIONAL TRANSPORT COMMISSION (NTC) ENTERPRISE AGREEMENT 2024-2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 3 APRIL 2024

Application for approval of the National Transport Commission (NTC) Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the National Transport Commission (NTC) Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Transport Commission (Employer). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2024. The nominal expiry date of the Agreement is 18 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the National Transport Commission (NTC) and its application for approval of the Enterprise Agreement 2024-2027. The application was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The primary dispute centred on the terms and conditions outlined in the proposed agreement, including wage rates, working conditions, and procedural fairness.

The legal issues before the court encompassed the validity of the agreement, whether it complied with statutory requirements, and if it met the procedural fairness threshold. Specifically, the court had to determine if the agreement was genuinely negotiated and if the process followed was fair and transparent. Additionally, the court examined whether the agreement's terms were reasonable in all respects, taking into account various factors such as the nature of the industry, the bargaining power of the parties, and the public interest.

The Commission found that the NTC had followed proper procedures in negotiating the agreement and that the terms were fair and reasonable. The Commission noted that the NTC had engaged in good faith bargaining and had provided adequate opportunities for employee representatives to participate in the negotiation process. The Commission concluded that the proposed agreement met the statutory requirements and was in the public interest. The Commission approved the Enterprise Agreement 2024-2027, thereby resolving the dispute in favour of the NTC.

National Transport Commission

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established