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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Path Transit Pty Ltd sought approval of the Path Transit Pty Ltd Bus Drivers Greenfields Enterprise Agreement 2020, which was intended to apply to their employees in Geraldton. The respondents, including the Australian Education, Union and the Transport Workers' Union, challenged the validity of the agreement on several grounds. The case was heard in the Fair Work Commission, presided over by Deputy President A. P. Edwards.

The legal issues at hand revolved around whether the agreement was properly certified as a greenfields agreement and whether it adhered to the Fair Work Act 2009. The primary contention was whether the respondents were genuine parties with a genuine interest in the agreement's terms and conditions. The court was also required to determine if the agreement met the statutory requirements for a greenfields agreement, particularly concerning the establishment of a new enterprise and the absence of a pre-existing enterprise agreement.

The court found that the agreement was validly certified as a greenfields agreement and that the respondents were genuine parties with an interest in the agreement's terms. The court held that the agreement complied with the Fair Work Act 2009 and did not contravene any of the Act's provisions. The Deputy President concluded that the agreement was fair and reasonable and approved the application for the agreement's registration. The final orders were made on 16 November 2020, approving the agreement's registration and mandating its enforcement from the date of registration.

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