Path Transit Pty Ltd T/A Path Transit

[2022] FWCA 175

[2022] FWCA 175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Path Transit Pty Ltd T/A Path Transit

(AG2021/9014)

Path Transit Pty Ltd Bus Drivers GreenfieldsAgreement 2021 - Rockingham

Passenger vehicle transport (non rail) industry
COMMISSIONER WILLIAMS	PERTH, 21 JANUARY 2022

Application for approval of the Path Transit Pty Ltd Bus Drivers Greenfields Agreement 2021 - Rockingham

1. An application has been made for approval of a greenfields agreement known as the Path Transit Pty Ltd Bus Drivers Greenfields Agreement 2021 – Rockingham (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 T/A Path Transit.

1. This is a greenfields agreement that meets the requirements of section 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 has been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Transport Workers Union of Australia 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.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Transport Workers Union of Australia and that the Agreement covers this organisation.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·Clause 12.3 – Annual Leave;

·Clause 15.1 and 15.11 – Personal/Carers Leave; and

·Clause 16.1 – Compassionate Leave

1. However, noting clause 4.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2022. The nominal expiry date of the Agreement is 30 June 2025.

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