Swan Transit Services (South West) Pty. Ltd.

[2019] FWCA 3440

[2019] FWCA 3440

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swan Transit Services (South West) Pty. Ltd.
(AG2018/6457)

SWAN TRANSIT REGIONAL ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 MAY 2019

Application for approval of the Swan Transit Regional Enterprise Agreement 2018.

[1] Swan Transit Services (South West) Pty. Ltd. has made an application for the approval of an enterprise agreement known as the Swan Transit Regional Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] 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.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] The Applicant provided the Commission with a further Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement), which included more comprehensive information, such that I could be satisfied that the requirements in ss 180(5) and 186(2) of the Act had been satisfied. This further Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the further Form F17, and that it is appropriate to do so pursuant to s 586.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[7] The Transport Workers' Union of Australia (the organisation),being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[8] The Agreement was approved on 17 May 2019 and, in accordance with s 54, will operate from 24 May 2019. The nominal expiry date of the Agreement is 16 May 2023.

DEPUTY PRESIDENT

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Annexure A