DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Path Transit Pty Ltd
(AG2019/5173)

PATH TRANSIT PTY LTD BUS DRIVERS ENTERPRISE AGREEMENT 2019 - KALGOORLIE

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 FEBRUARY 2020

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

[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 - Kalgoorlie (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] 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.

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

[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 6 February 2020 and, in accordance with s 54, will operate from 13 February 2020. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Path Transit Pty Ltd, sought approval of the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2019 for Kalgoorlie. The applicant, a bus company, entered into an enterprise agreement with the respondents, the Bus Drivers Union and the Bus Drivers Association. The dispute centred on the terms of the agreement, particularly regarding pay rates, conditions of employment, and the processes for resolving disputes. The court was required to determine if the agreement complied with the Fair Work Act 2009 and if it was made in good faith.

The primary legal issue was whether the enterprise agreement was procedurally and substantively valid. The court examined the process by which the agreement was made, including whether proper consultation occurred and if the agreement was negotiated in good faith. Additionally, the court assessed whether the terms of the agreement met the standards set out in the Fair Work Act, particularly the "better off overall test," which requires that the agreement should not reduce the overall pay and conditions of employees.

The Fair Work Commission found that the agreement was procedurally sound, as it was the product of genuine negotiations between the parties. The court noted that the agreement met the "better off overall test" as it provided certain benefits to employees, including improved pay rates and conditions. Furthermore, the court determined that the agreement contained necessary processes for resolving disputes, which were in line with the legislative requirements. Consequently, the commission approved the enterprise agreement, finding it to be fair and reasonable for the purposes of the Act.

The final order of the Fair Work Commission was that the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2019 for Kalgoorlie be approved, effective from the date of the decision. This approval ensures that the terms of the agreement are legally binding on the parties and enforceable in accordance with 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