Path Transit Pty Ltd

[2025] FWCA 552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Path Transit Pty Ltd

(AG2025/151)

PATH TRANSIT PTY LTD BUS DRIVERS ENTERPRISE AGREEMENT 2024 - MORLEY

Passenger vehicle transport (non rail) industry
COMMISSIONER SCHNEIDER	PERTH, 11 FEBRUARY 2025

Application for approval of the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2024 - Morley

Path Transit Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2024 - Morley (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Pursuant to section 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to section 186(6) of the Act, the model dispute settlement term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Passenger Vehicle Transportation Award 2020 is taken to be a term of the Agreement.

The Transport Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 February 2025. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Path Transit Pty Ltd, sought approval of the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2024, which was negotiated by the applicant and the union. The union, the Transport Workers Union of Australia, opposed the application, arguing that the agreement did not provide adequate protections for employees, particularly in relation to redundancies and pay rates. The dispute was heard by Commissioner Morley.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the "better off overall test" and provisions relating to minimum entitlements. The Commission needed to determine if the agreement met the statutory requirements and whether it provided employees with protections that were at least as good as the applicable minimum standards.

Commissioner Morley concluded that the agreement was compliant with the requirements of the Fair Work Act. The Commission found that the agreement provided employees with protections that met or exceeded the applicable minimum standards. The Commission also found that the agreement was likely to be better off overall for employees, taking into account the benefits provided by the agreement, including improved pay rates and conditions, as well as the certainty provided by the agreement. The Commission approved the agreement, finding that it met the statutory requirements and provided adequate protections for employees.

The Fair Work Commission approved the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2024. The Commission found that the agreement provided employees with protections that met or exceeded the applicable minimum standards and was likely to be better off overall for employees. The agreement was approved on the basis that it complied with the relevant provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established