Transurban Limited

[2019] FWCA 7061

[2019] FWCA 7061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transurban Limited
(AG2019/3509)

TRANSURBAN CUSTOMER SERVICE EBA 2019

Clerical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 11 OCTOBER 2019

Application for approval of the Transurban Customer Service EBA 2019.

[1] An application has been made for approval of an enterprise agreement known as the Transurban Customer Service EBA 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transurban Limited. The Agreement is a single enterprise agreement.

[2] The Agreement was provided to employees 7 days prior to the vote, instead of 7 clear full days prior to the vote, as required by s180(2) of the Act. 1 In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others,2 I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[3] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Australian Municipal, Administrative, Clerical and Services 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.

[7] The Agreement was approved on 11 October 2019 and, in accordance with s.54, will operate from 18 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Annexure A

 1   Construction, Forestry, Maritime, Mining and Energy Union v CBI Constructors Pty Ltd [2018] FWCFB 2732.

 2   [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

<AE505693  PR713277>