DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KDR Victoria Pty Ltd T/A Yarra Trams
(AG2020/1204)

YARRA TRAMS ENTERPRISE AGREEMENT 2019 - OPERATIONS

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 MAY 2020

Application for approval of the Yarra Trams Enterprise Agreement 2019 - Operations.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Trams Enterprise Agreement 2019 - Operations (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the KDR Victoria Pty Ltd T/A Yarra Trams. 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 Rail, Tram and Bus Industry 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 27 May 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

The case involved KDR Victoria Pty Ltd, trading as Yarra Trams, and the Fair Work Commission. The dispute centred around the approval of the Yarra Trams Enterprise Agreement 2019 - Operations, which was submitted for assessment by Yarra Trams. The matter was heard by the Commission, whose task was to determine whether the agreement complied with the necessary legal and procedural standards for approval.

The primary legal issues the Commission had to address were whether the agreement met the requirements set out in the Fair Work Act 2009, including whether it contained the necessary minimum terms and conditions, and whether the agreement had been fairly negotiated and certified. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and the broader public.

The Commission examined the procedural aspects of the agreement, ensuring that the necessary consultation processes had been followed and that the agreement was certified by an independent certifier. The Commission also evaluated the substantive provisions of the agreement, assessing whether it provided fair and reasonable terms for the employees. After thorough consideration, the Commission found that the agreement was compliant with the relevant legislative requirements and was in the best interests of the employees and the public. Consequently, the Commission approved the Yarra Trams Enterprise Agreement 2019 - Operations.

The Fair Work Commission approved the Yarra Trams Enterprise Agreement 2019 - Operations, recognising its compliance with the Fair Work Act 2009 and its alignment with the interests of the employees and the public. This decision effectively settled the procedural and substantive issues raised during the hearing, allowing the agreement to come into effect as intended by the parties.

KDR Victoria Pty Ltd T/A Yarra Trams

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established