DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transurban T/A Transurban Limited
(AG2016/5084)

TRANSURBAN CUSTOMER SERVICE EBA 2016

Clerical industry
COMMISSIONER LEE	HOBART, 22 SEPTEMBER 2016

Application for approval of the Transurban Customer Service EBA 2016.

[1] An application has been made for approval of an enterprise agreement known as the Transurban Customer Service EBA 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transurban Limited sought approval of the Transurban Customer Service Enterprise Bargaining Agreement 2016 (EBA) under section 186 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which is responsible for the resolution of workplace disputes in Australia. The application was contested by the Australian Council of Trade Unions (ACTU) on behalf of certain of its members who were employees of Transurban.

The central issue before the Commission was whether the EBA met the requirements of section 231 of the Act, specifically whether it provided for fair and appropriate terms and conditions for the employees. The Commission needed to consider whether the agreement was made in the course of an enterprise, whether it covered a relevant group of employees, and whether the agreement was made without coercion, duress or discrimination. Additionally, the Commission had to assess if the agreement was fair and appropriate, taking into account various factors such as the nature of the enterprise and the bargaining power of the parties.

In delivering its decision, the Commission noted that the EBA had been negotiated in good faith between the parties and covered a relevant group of employees. The Commission found that the EBA contained terms and conditions that were fair and appropriate, taking into account the nature of the enterprise, the bargaining power of the parties and other relevant factors. The Commission was satisfied that the EBA was made without coercion, duress or discrimination and that it provided for the proper regulation of terms and conditions of employment. Accordingly, the Commission approved the EBA.

The Fair Work Commission approved the Transurban Customer Service Enterprise Bargaining Agreement 2016, finding it to be fair and appropriate, and made without coercion, duress or discrimination. The Commission's approval is a significant step towards ensuring that the terms and conditions of employment for the relevant group of employees are properly regulated.

Transurban T/A Transurban Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established