DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Path Transit Pty Ltd
(AG2016/129)

PATH TRANSIT PTY LTD BUS DRIVERS ENTERPRISE AGREEMENT 2015 - MORLEY

Passenger vehicle transport (non rail) industry
COMMISSIONER LEE	MELBOURNE, 22 FEBRUARY 2016

Application for approval of the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2015 - Morley.

[1] An application has been made for approval of an enterprise agreement known as the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2015 - Morley (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Path Transit Pty Ltd (the Applicant). 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 February 2016. The nominal expiry date of the Agreement is 7 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Path Transit Pty Ltd, the Fair Work Commission was asked to consider an application for the approval of the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2015. The applicant, Path Transit Pty Ltd, sought to have the agreement registered with the Fair Work Commission. The nature of the dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the court needed to decide involved whether the agreement met the necessary criteria for approval. These included whether the agreement contained the required minimum terms and conditions, whether it had been made in good faith, and whether it complied with the provisions of the Fair Work Act. Additionally, the court had to consider if the agreement was consistent with the broader public policy objectives of the Act, including the protection of vulnerable workers.

In reaching its decision, the Fair Work Commission examined the contents of the agreement in detail. It found that the agreement contained the necessary minimum terms and conditions, was made in good faith, and was consistent with the Fair Work Act. The Commission also noted that the agreement did not contravene any of the broader public policy objectives of the Act. As a result, the Commission approved the agreement, recognising it as a valid and binding enterprise agreement. The approval ensured that the terms and conditions outlined in the agreement would govern the employment relationship between Path Transit Pty Ltd and its bus drivers, subject to the provisions of the Fair Work Act.

Path Transit Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established