Swan Transit Services Pty Ltd; Swan Transit Services (South) Pty Ltd; Transit Systems WA Pty Ltd T/A Swan Transit Riverside Limited

[2013] FWCA 249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Swan Transit Services Pty Ltd; Swan Transit Services (South) Pty Ltd; Transit Systems WA Pty Ltd T/A Swan Transit Riverside Limited
(AG2012/13384)

SWAN TRANSIT ENGINEERING STAFF ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 JANUARY 2013

Application for approval of the Swan Transit Engineering Staff Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Swan Transit Engineering Staff Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swan Transit Services Pty Ltd; Swan Transit Services (South) Pty Ltd; Transit Systems WA Pty Ltd T/A Swan Transit Riverside Limited. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“That none of the Employees covered by the proposed Agreement shall undertake work for the Employers outside of Western Australia.

The Agreement shall be read, understood and applied so that the nominal expiry date under Clause 6 of the Agreement is the fourth anniversary of the day on which Fair Work Australia approves the Agreement.”

[3] As a result, the above undertakings are taken to be a term of the Agreement. A full copy of the correspondence provided by the employer is attached to the Agreement as Attachments A and B.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2013. The nominal expiry date of the Agreement is 13 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Swan Transit Services Pty Ltd, Swan Transit Services (South) Pty Ltd, and Transit Systems WA Pty Ltd T/A Swan Transit Riverside Limited applied for approval of the Swan Transit Engineering Staff Enterprise Agreement 2012. The application was heard in the Fair Work Commission. The applicants sought approval of the agreement, which was intended to cover the employment of engineering staff within their businesses. The dispute involved the procedural fairness of the application process and the appropriateness of the agreement's terms and conditions.

The central legal issues before the Commission were whether the application process was procedurally fair, and if the agreement met the requirements under the Fair Work Act 2009 for being registered. Key concerns included whether the agreement provided for a fair balance between the parties, and whether it adhered to the Fair Work Act's provisions regarding procedural fairness and registration criteria. The Commission needed to consider whether the applicants had followed the correct procedures in making the application, and whether the terms of the agreement were fair and reasonable.

The Fair Work Commission found that the application process was procedurally fair, as the applicants had followed the necessary steps and provided adequate information. The Commission also determined that the Swan Transit Engineering Staff Enterprise Agreement 2012 met the criteria for registration under the Fair Work Act. The agreement was considered fair and reasonable, taking into account the interests of both the employers and the employees. Consequently, the Commission approved the application and registered the agreement. This decision ensures that the terms and conditions of the agreement will apply to the relevant employees, providing them with a legally binding framework for their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established