| [2022] FWCA 547 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Transport Accident Commission (TAC) T/A Transport Accident Commission
(AG2021/9275)
TAC Enterprise Agreement 2021 - 2025
| State and Territory government administration | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 17 FEBRUARY 2022 |
Application for approval of the TAC Enterprise Agreement 2021 – 2025.
An application has been made for approval of an enterprise agreement known as the TAC Enterprise Agreement 2021 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transport Accident Commission (TAC) T/A Transport Accident Commission. The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the Agreement.
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.
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.
I note that clause 63.1(b) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- Transport Accident Commission (TAC) T/A Transport Accident Commission [2022] FWCA 547
- Case
- [2022] FWCA 547
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around whether the agreement provided for a fair and reasonable outcome for the employees, was made in good faith, and was free from any improper conduct. Additionally, the Commission had to assess if the agreement complied with the procedural requirements under the Act, including whether there was adequate consultation with the employees.
The Commission found that the agreement was fair and reasonable, as it provided for appropriate wage increases, allowed for flexible working arrangements, and included provisions for professional development and career progression. The TAC had demonstrated good faith in negotiating the agreement, and there was no evidence of improper conduct. The procedural requirements were also met, with adequate consultation processes in place. The Commission approved the agreement, emphasising the importance of balancing the needs of both the employer and employees.
The final orders of the Commission included the approval of the TAC Enterprise Agreement 2021 – 2025, with the agreement to be effective from 1 July 2021. The Commission noted that ongoing monitoring and compliance with the agreement would be necessary to ensure its continued fairness and reasonableness.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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