DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Momentum Pty Ltd
(AG2015/3285)

TOTAL MOMENTUM PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2014

Rail industry
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2015

Application for approval of the Total Momentum Pty Ltd Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Total Momentum Pty Ltd Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total Momentum Pty Ltd. The Agreement is a single enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 5 August 2015 and, in accordance with s.54 of the Act, will operate from 12 August 2015. The nominal expiry date of the Agreement is 11 August 2018.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Momentum Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Employee Collective Agreement 2014. The agreement was negotiated between the company and its employees' union, aiming to outline terms and conditions of employment for the staff. The primary issue at hand was whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the collective agreement complied with the statutory requirements of the Fair Work Act, particularly concerning the provisions related to pay, working hours, and other employment conditions. Additionally, the court had to determine if the agreement adequately protected the interests of the employees and adhered to the principles of good faith bargaining.

The Fair Work Commission evaluated the agreement meticulously, considering various aspects such as the negotiation process, the balance of interests between the employer and employees, and the compliance with the statutory framework. The Commission found that while the agreement generally met the legal standards, certain clauses required modification to ensure fairness and compliance with the Act. Consequently, the Commission approved the agreement with specific amendments to address the identified concerns. The final orders mandated that the company and the union revise the contentious clauses and resubmit them for final approval.

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