Path Transit Pty Ltd

[2019] FWCA 8306

[2019] FWCA 8306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Path Transit Pty Ltd
(AG2019/4270)

PATH TRANSIT PTY LTD BUS DRIVERS GREENFIELDS ENTERPRISE AGREEMENT 2020 - GERALDTON

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 DECEMBER 2019

Application for approval of the Path Transit Pty Ltd Bus Drivers Greenfields Enterprise Agreement 2020 - Geraldton

[1] Path Transit Pty Ltd has made an application for approval of a greenfields agreement known as the Path Transit Pty Ltd Bus Drivers Greenfields Enterprise Agreement 2020 - Geraldton (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Transport Workers’ Union of Australia (TWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be terms of the Agreement.

[4] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the TWU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 December 2019. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

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Annexure A