Torrens Transit Services Pty Ltd

[2014] FWCA 7172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Torrens Transit Services Pty Ltd
(AG2014/9070)

TORRENS TRANSIT AND AUSTRALIAN MANUFACTURING WORKERS UNION (VEHICLE DIVISION) ENTERPRISE AGREEMENT 2014 (WORKSHOPS)

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 OCTOBER 2014

Application for approval of the Torrens Transit and Australian Manufacturing Workers Union (Vehicle Division) Enterprise Agreement 2014 (Workshops).

[1] An application has been made for approval of an enterprise agreement known as the Torrens Transit and Australian Manufacturing Workers Union (Vehicle Division) Enterprise Agreement 2014 (Workshops) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Torrens Transit Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“1. Any Employees who satisfy the definition of “shiftworker” as set out in clause 41.3 of the Manufacturing and Associated Industries and Occupations Award 2010 will be shiftworkers for the purposes of the National Employment Standards. For the avoidance of doubt, this means that such Employees will be entitled to an additional week of annual leave in accordance with section 87 of the Fair Work Act 2009.

2. As part of the consultation process set out in clause 17.1 of the Agreement, the Employer confirms that it will directly consult with all Employees who are affected by the major change by holding a meeting with those affected Employees in addition to consulting with the employee-elected Consultative Committee and the Union.

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2014. The nominal expiry date of the Agreement is 9 October 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Torrens Transit Services Pty Ltd, applied for the approval of the Torrens Transit and Australian Manufacturing Workers Union (Vehicle Division) Enterprise Agreement 2014 (Workshops). The respondent, Australian Manufacturing Workers Union (Vehicle Division), did not oppose the application. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement, including issues of pay rates, hours of work, and other employment-related matters. The primary legal issue was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009, particularly whether it provided for the fair and equitable treatment of employees and complied with the Fair Work (Registered Organisations) Act 2009.

The Commission found that the enterprise agreement contained provisions that met the legislative requirements for approval. It included mechanisms for resolving disputes, provisions for employee representation, and terms that provided for fair and equitable treatment of employees. The Commission noted the absence of opposition from the respondent and the absence of any public interest considerations that would warrant refusal of approval. Consequently, the Commission was satisfied that the agreement was made in good faith and provided for the employees' fair and equitable treatment. The application for approval was therefore granted.

In granting the application, the Commission emphasised the importance of enterprise agreements in providing a framework for fair and effective workplace relations. It highlighted that the agreement in question was negotiated between the parties with genuine intent and provided adequate protections for employees. The Commission concluded that the enterprise agreement met all the necessary criteria for approval under the relevant legislation. The final orders of the Commission included the approval of the Torrens Transit and Australian Manufacturing Workers Union (Vehicle Division) Enterprise Agreement 2014 (Workshops) with effect from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established