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

Printed by authority of the Commonwealth Government Printer

Annexure A

Swan Transit Services (South West) Pty Ltd applied to the Fair Work Commission for the approval of the Swan Transit Regional Enterprise Agreement 2018. The dispute involved the terms and conditions of employment for certain employees within the company's operations. The matter was heard by the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. This involved examining the agreement to ensure it complied with the Act's provisions regarding matters such as minimum wages and conditions, protection for vulnerable employees, and the proper process for negotiating the agreement. The Commission also had to determine if the agreement contained any provisions that were not within the scope of what could be included in an enterprise agreement.

The Commission found that the agreement largely met the statutory requirements for approval. The agreement was deemed to have been appropriately negotiated, and the provisions were within the allowable scope of an enterprise agreement. The Commission approved the agreement, highlighting that it provided reasonable terms and conditions for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The agreement was considered to be in the best interests of the employees, and the Commission concluded that it should be approved to facilitate a fair and efficient workplace.

The Fair Work Commission approved the Swan Transit Regional Enterprise Agreement 2018, confirming its compliance with the Fair Work Act and its suitability for enhancing the working conditions of the employees involved.

Swan Transit Services (South West) Pty. Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established