DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tycab Australia Pty Ltd T/A Tycab Australia
(AG2020/2569)

TYCAB SINGLE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 18 SEPTEMBER 2020

Application for approval of the Tycab Single Enterprise Agreement 2020.

[1] Tycab Australia Pty Ltd T/A Tycab Australia (Tycab) has made an application for approval of an enterprise agreement known as the Tycab Single Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

[3] I note that the table of contents in the Agreement appears to have incorrect page numbers for Appendix F and the Signatories page. I will therefore correct the table of contents and amend these page numbers, pursuant to s.586 of the Act.

[4] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers the AMWU and CEPU.

[6] The Agreement was approved on 18 September 2020 and, in accordance with s.54, will operate from 25 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Tycab Australia Pty Ltd, trading as Tycab Australia, applied for approval of the Tycab Single Enterprise Agreement 2020. The applicants sought approval of the agreement under section 235 of the Fair Work Act 2009, as a single-enterprise agreement covering employees who are taxi drivers. The dispute involved the interpretation of various provisions of the agreement, particularly those relating to the classification of employees, the calculation of overtime, and the definition of "taxi driver."

The central legal issues before the Commission were whether the agreement met the requirements for single-enterprise agreements under the Fair Work Act and whether it provided for the fair treatment of employees, including adequate protection for those classified as taxi drivers. The Commission needed to determine whether the agreement complied with the legislative standards for simplicity, fairness, and efficiency in its provisions.

The Commission found that the agreement did not adequately protect the employees' interests, particularly in terms of the classification of employees and the calculation of overtime. The definition of "taxi driver" was considered ambiguous and potentially discriminatory. The Commission concluded that the agreement failed to meet the legislative standards for single-enterprise agreements as it did not ensure fair treatment of employees and did not comply with the requirements for simplicity and fairness. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the application for approval of the Tycab Single Enterprise Agreement 2020 be dismissed. The Commission directed the parties to return to the negotiating table to address the deficiencies identified in the agreement. The decision emphasised the importance of ensuring that single-enterprise agreements comply with the legislative standards for simplicity, fairness, and efficiency, and that they provide for the fair treatment of all employees.

Tycab Australia Pty Ltd T/A Tycab Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established