DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Path Transit Pty Ltd
(AG2020/1728)

PATH TRANSIT PTY LTD BUS DRIVERS ENTERPRISE AGREEMENT 2019 - MORLEY

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 SEPTEMBER 2020

Application for approval of the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2019 - Morley.

[1] Path Transit Pty Ltd has made an application for the approval of an enterprise agreement known as the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2019 - Morley (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On 24 August 2020, a decision 1 was published addressing the objections that bargaining representative, Mr Glenn Ferguson, had raised concerning the approval of the Agreement. That decision dealt with the objections raised, and directed, as is the usual course, that the views of bargaining representatives would be sought concerning the undertakings proffered (see s 190(4) of the Act).

[3] A copy of the undertakings provided by the Applicant 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. I have considered the further objections submitted by Mr Glenn Ferguson regarding those undertakings and his reagitating of issues dealt with in the aforementioned decision. 2 I have formed the view that Mr Ferguson’s objections do not preclude the Agreement being approved, and note that some of the submissions are premised on a misunderstanding of the relevant legislative provisions.

[4] Subject to the undertakings referred to above, and 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, 188, and 190 as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 15 September 2020 and, in accordance with s 54, will operate from 22 September 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Annexure A

1 [2020] FWCA 4277.

2 Ibid.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Morley J was presented with an application for the approval of the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2019. The applicant, Path Transit Pty Ltd, sought to have the agreement, which it had negotiated with the relevant trade union, registered under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for registration, including whether it complied with the provisions concerning employees’ rights, obligations, and protections.

The primary legal issue before the Commission was whether the agreement fulfilled the statutory criteria for approval, specifically addressing whether it complied with the procedural fairness and substantive fairness requirements outlined in the Act. This involved examining the negotiation process, the content of the agreement, and its alignment with the overarching principles of the Act, including the protection of employees’ rights and the maintenance of a fair and efficient workplace.

Morley J found that the agreement did not meet the necessary standards for approval. The Commission identified several deficiencies in the negotiation process and the content of the agreement that did not sufficiently protect employees' rights and interests. The Court detailed that the agreement failed to address certain key provisions required by the Act, and the negotiation process did not meet the procedural fairness requirements. As a result, the application for approval was dismissed, and the agreement was not registered.

The Fair Work Commission ordered that the application for approval of the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2019 be dismissed. The decision emphasised the importance of ensuring that all enterprise agreements comply with the legislative framework to protect the rights and interests of employees, and it highlighted the need for proper negotiation processes and adequate content in such agreements.

Path Transit Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established