DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Public Transport Development Authority T/A Public Transport Victoria
(AG2016/4437)

PUBLIC TRANSPORT VICTORIA ENTERPRISE AGREEMENT 2016

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 16 AUGUST 2016

Application for approval of the Public Transport Victoria Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Public Transport Victoria Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Public Transport Development Authority T/A Public Transport Victoria. 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 Agreement contained a typographical error at clauses 44.1.2. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Community and Public Sector Union and the Rail Tram and Bus Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the Public Transport Development Authority trading as Public Transport Victoria and the Transport Workers Union of Australia. The dispute centred around the application for approval of the Public Transport Victoria Enterprise Agreement 2016. The case was heard by the Fair Work Commission, which is responsible for regulating workplace relations in Australia. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved the compliance of the proposed agreement with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to assess whether the agreement contained all the mandatory terms prescribed by the Act, whether it was free from any illegality or inequity, and whether it had been negotiated in good faith. Furthermore, the Commission needed to determine if the agreement facilitated the efficient operation of the enterprise and met the requirements of the better off overall test.

The Fair Work Commission found that the Public Transport Victoria Enterprise Agreement 2016 was compliant with the statutory requirements. The Commission noted that the agreement contained all the mandatory terms and was free from any illegality or inequity. It also determined that the agreement had been negotiated in good faith and facilitated the efficient operation of the enterprise. Additionally, the Commission concluded that the agreement met the better off overall test, as it provided a fair and reasonable outcome for the employees. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the enterprise. The approval was granted on the basis that the agreement would contribute to the efficient and effective operation of the public transport system in Victoria.

Public Transport Development Authority T/A Public Transport Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established