DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Motorways Management Pty Ltd
(AG2017/4776)

TRANSURBAN QUEENSLAND ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER SAUNDERS	MELBOURNE, 11 DECEMBER 2017

Application for approval of the Transurban Queensland Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Transurban Queensland Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Motorways Management Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to 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 Municipal, Administrative, Clerical and Services Union and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2017. The nominal expiry date of the Agreement is 17 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Transurban Queensland Enterprise Agreement 2017, with Queensland Motorways Management Pty Ltd being the applicant. The application was heard by the Fair Work Commission, an Australian industrial relations tribunal. The nature of the dispute is the procedural fairness and merits of the proposed enterprise agreement, which is intended to govern the employment terms and conditions of employees of the applicant company.

The primary legal issues the court had to decide were whether the applicant had followed the necessary processes to ensure that the employees were properly consulted and informed about the agreement, and whether the agreement itself met the statutory requirements for approval under the Fair Work Act 2009. The court examined the evidence provided by the applicant regarding the consultation process and evaluated the contents of the agreement against the legal standards.

The Fair Work Commission found that the applicant had fulfilled its obligations in terms of procedural fairness, as evidenced by the comprehensive consultation process outlined in the submissions. The court noted that the applicant had engaged in extensive communication with employees and their representatives, ensuring that they were fully informed of the proposed changes. Regarding the merits of the agreement, the Commission determined that it complied with the relevant provisions of the Fair Work Act and was in the best interests of the employees. The agreement was deemed to be fair and reasonable, taking into account the needs of both the employer and the employees.

The Commission approved the Transurban Queensland Enterprise Agreement 2017, confirming that the applicant had met all necessary legal requirements and that the agreement was fair and appropriate. The court's decision was based on the comprehensive consultation process and the merits of the agreement, which aligned with the statutory requirements for enterprise agreements under Australian law.

Queensland Motorways Management 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