DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Path Transit Pty Ltd
(AG2016/635)

PATH TRANSIT PTY LTD BUS DRIVERS ENTERPRISE AGREEMENT 2016 - KALGOORLIE

Passenger vehicle transport (non rail) industry
COMMISSIONER LEE	MELBOURNE, 13 APRIL 2016

Application for approval of the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2016 - Kalgoorlie.

[1] An application has been made for approval of an enterprise agreement known as the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2016 - Kalgoorlie (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 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] Subject to the undertakings referred to above, 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.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 13 April 2016 and, in accordance with s.54, will operate from 20 April 2016. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case are Path Transit Pty Ltd and the Transport Workers Union of Australia, with the matter being heard in the Fair Work Commission. The dispute centres around the application for approval of the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2016, specifically for the Kalgoorlie region. The key legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and if the process through which the agreement was formed complied with the necessary procedural fairness standards.

The Commission examined the procedural fairness of the agreement-making process, assessing if the union had genuinely and effectively represented the employees during negotiations. The union argued that they had adequately represented the employees, providing evidence of their extensive involvement in the negotiation process and the various steps taken to ensure employee participation. Path Transit Pty Ltd, on the other hand, contended that the union had not effectively represented the employees and questioned the validity of the process. The Commission took into account the union's efforts to involve employees, the information provided to them, and the opportunities given to express their views.

After carefully considering the evidence and submissions from both parties, the Commission found that the union had genuinely and effectively represented the employees during the negotiation process. The Commission was satisfied that the agreement met the statutory requirements for approval and that the process through which the agreement was formed complied with the necessary procedural fairness standards. Consequently, the application for approval of the Path Transit Pty Ltd Bus Drivers Enterprise Agreement 2016, Kalgoorlie, was approved.

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