Path Transit Pty Ltd T/A Path Transit Summary

[2022] FWCA 3548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Path Transit Pty Ltd T/A Path Transit

(AG2022/3868)

Path Transit Maintenance Employees Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 13 OCTOBER 2022

Application for approval of the Path Transit Maintenance Employees Enterprise Agreement 2022

Path Transit Pty Ltd T/A Path Transit has made an application for the approval of an enterprise agreement known as the Path Transit Maintenance Employees Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

Pursuant to section 205(2) of the Act, the model consultation term prescribed by Schedule 2.3 to the Regulations is attached to the Agreement taken to be a term of it.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

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

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 13 October 2026.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Path Transit Pty Ltd, trading as Path Transit, and its maintenance employees. The dispute centred on the proposed Path Transit Maintenance Employees Enterprise Agreement 2022, which was submitted for approval. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly whether it facilitated, promoted, or improved the economic prosperity of the employees involved, and whether it was made in good faith.

The central legal issues revolved around the compliance of the enterprise agreement with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement adequately facilitated, promoted, or improved the economic prosperity of the employees and whether it was made in good faith. The Commission also had to consider any objections raised by the parties and evaluate whether the agreement complied with relevant industrial laws.

In its decision, the Fair Work Commission carefully examined the provisions of the proposed enterprise agreement. It found that the agreement met the statutory requirements for approval. The Commission determined that the agreement facilitated, promoted, or improved the economic prosperity of the employees, and it was satisfied that it was made in good faith. The objections raised by the parties were considered, but the Commission concluded that they did not undermine the overall compliance of the agreement. Consequently, the Commission approved the Path Transit Maintenance Employees Enterprise Agreement 2022.

In light of its findings, the Fair Work Commission approved the enterprise agreement, confirming its compliance with the relevant industrial laws. The decision ensured that the agreement would now govern the employment conditions of the maintenance employees at Path Transit Pty Ltd.

Path Transit Pty Ltd T/A Path Transit

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established