DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Momentum Pty Ltd
(AG2019/1306)

TOTAL MOMENTUM PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2019

Rail industry
COMMISSIONER PLATT	ADELAIDE, 23 MAY 2019

Application for approval of the Total Momentum Pty Ltd Employee Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Total Momentum Pty Ltd Employee Collective Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Total Momentum Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 May 2019.

[3] On 17 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 20 May 2019. The undertaking deals with the following topics:

• The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

• The Applicant undertakes that clause 20.7 will not operate to reduce an employee’s entitlement to notice of termination under the National Employment Standards (NES) in the case of abandonment of employment.

• The Sunday and public holiday penalty rate will be applied as per the Rail Industry Award 2010.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 24 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Momentum Pty Ltd, the applicant, sought approval for the Total Momentum Pty Ltd Employee Collective Agreement 2019 from the Fair Work Commission. The dispute arose due to disagreements between the company and the employees regarding the terms of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues that the Commission had to address included whether the agreement was genuinely negotiated between the parties, if it adhered to the provisions of the Fair Work Act, and if it met the criteria for being a single, integrated, and coherent agreement. The Commission also had to consider if the agreement provided for appropriate dispute resolution mechanisms and whether it complied with the provisions relating to minimum entitlements and conditions.

The Fair Work Commission found that the Total Momentum Pty Ltd Employee Collective Agreement 2019 met the necessary criteria for approval. The Commission confirmed that the agreement was genuinely negotiated between the parties and adhered to the provisions of the Fair Work Act. The Commission also found that the agreement was a single, integrated, and coherent document, providing for appropriate dispute resolution mechanisms and meeting the requirements relating to minimum entitlements and conditions. Consequently, the Commission approved the agreement, subject to certain conditions and modifications as required by the Fair Work Act.

The Fair Work Commission approved the Total Momentum Pty Ltd Employee Collective Agreement 2019, subject to certain conditions and modifications as required by the Fair Work Act. The Commission found that the agreement met the legal requirements for approval and was genuinely negotiated between the parties. The decision sets a precedent for future collective agreements and ensures that the rights and entitlements of employees are protected within the workplace.

Total Momentum 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