Transport Accident Commission T/A TAC

[2018] FWCA 665

[2018] FWCA 665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Accident Commission T/A TAC
(AG2017/5467)

TAC ENTERPRISE AGREEMENT 2017 – 2021

State and Territory government administration
COMMISSIONER JOHNS	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the TAC Enterprise Agreement 2017 - 2021.

[1] On 13 November 2017 the Transport Accident Commission T/A TAC (Applicant) made an application for approval of the TAC Enterprise Agreement 2017 – 2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Community and Public Sector Union has indicated its acceptance of the undertakings.

[3] Subject to the undertakings referred to above, the Commission is 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.

[5] The Community and Public Sector Union, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 February 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE427182  PR599992>

Annexure A