Public Transport Development Authority T/A Public Transport Victoria

[2016] FWCA 5738

[2016] FWCA 5738

FAIR WORK COMMISSION

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

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Annexure A