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

Annexure A

CaseChat Overview and Summary

The applicants, the Transport Accident Commission and the Transport and Maritime Officers' Union, applied to the Fair Work Commission for approval of the TAC Enterprise Agreement 2017 - 2021. The application was opposed by the Rail, Tram and Bus Union. The applicants sought to have the agreement approved under section 234 of the Fair Work Act 2009, as a registered agreement. The dispute centred around the scope and enforceability of the agreement, with particular focus on the definition of "employee" and the agreement's impact on the applicants' operations and employees.

The court was required to determine whether the agreement met the criteria for approval as a registered agreement, including whether it provided for the minimum terms and conditions of employment, and whether it complied with the provisions of the Fair Work Act. Additionally, the court needed to consider the implications of the agreement on the employees' rights and the potential impact on the applicants' operations. The court also needed to assess the relevance of the opposition by the Rail, Tram and Bus Union and whether their concerns warranted any modification to the agreement.

In examining the application, the court found that the agreement was comprehensive and provided for the minimum terms and conditions of employment as required by the Fair Work Act. The definition of "employee" was sufficiently broad to cover all relevant workers, and the agreement did not adversely affect the applicants' operations. The court also found that the opposition by the Rail, Tram and Bus Union did not raise any substantial issues that would require changes to the agreement. Consequently, the court approved the agreement, finding that it met all the necessary criteria for registration under the Act.

The final orders of the court were that the Transport Accident Commission T/A TAC Enterprise Agreement 2017 - 2021 be approved as a registered agreement under section 234 of the Fair Work Act 2009, effective from the date of the approval. The agreement was to remain in force until 30 June 2021, or until terminated earlier in accordance with its provisions. The court's decision provided certainty and clarity for the parties involved, ensuring that the agreement would be enforceable and would not be subject to further dispute.

Transport Accident Commission T/A TAC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established