Metro Tasmania Pty Ltd t/a Metro

[2015] FWCA 8508

[2015] FWCA 8508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Tasmania Pty Ltd t/a Metro
(AG2015/6600)

METRO TASMANIA BUS OPERATORS ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 DECEMBER 2015

Application for approval of the Metro Tasmania Bus Operators Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Metro Tasmania Bus Operators Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metro Tasmania Pty Ltd t/a Metro (the Applicant). The Agreement is a single enterprise agreement.

[2] A hearing was convened as Mr Penfold, an employee bargaining representative, sought to be heard. Mr Penfold raised a number of general concerns as to the fairness of the Agreement. Having considered the submissions of Mr Penfold as well as those of the Applicant and other bargaining representatives, I am satisfied that the employees will be better off overall if the agreement applied to the relevant employees than if the applicable Modern Award applied.

[3] The Applicant 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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Annexure A