Territory Transit Pty Ltd

[2016] FWCA 1100

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Territory Transit Pty Ltd

(AG2015/7858)

TERRITORY TRANSIT ENGINEERING STAFF AGREEMENT 2015

Manufacturing and associated industries

COMMISSIONER GREGORY

MELBOURNE, 19 FEBRUARY 2016

Application for approval of the Territory Transit Engineering Staff Agreement 2015.

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

Territory Transit Engineering Staff Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Territory

Transit Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 1100

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

26 February 2016. The nominal expiry date of the Agreement is 18 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417894 PR577202

[2016] FWCA 1100

Annexure A

CaseChat Overview and Summary

Territory Transit Pty Ltd applied for approval of the Territory Transit Engineering Staff Agreement 2015 (the Agreement) under section 185 of the Fair Work Act 2009 (the Act). The Agreement was proposed as a single enterprise agreement covering the manufacturing and associated industries sector. The application was brought before Commissioner Gregory at the Fair Work Commission in Melbourne on 19 February 2016.

The central legal issue for the Commissioner to determine was whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing if the Agreement complied with sections 186, 187, 188, and 190 of the Act, and ensuring that the prescribed model flexibility term from the Fair Work Regulations 2009 was incorporated into the Agreement. Additionally, the Commissioner had to confirm that the written undertakings provided by the Applicant would not result in financial detriment to employees or substantial changes to the Agreement.

Commissioner Gregory found that the Agreement satisfied all relevant requirements under the Act and the Fair Work Regulations 2009. The Commissioner was satisfied that the written undertakings provided by Territory Transit Pty Ltd would not cause financial detriment to employees or result in substantial changes to the Agreement. As a result, the Agreement was approved under section 185 of the Act and will operate from 26 February 2016 with a nominal expiry date of 18 February 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established