Torrens Transit Services Pty Ltd T/A Torrens Transit Services Pty Ltd

[2024] FWCA 3064

[2024] FWCA 3064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Torrens Transit Services Pty Ltd T/A Torrens Transit Services Pty Ltd

(AG2024/2523)

TORRENS TRANSIT SERVICES PTY LTD, TRANSPORT WORKERS' UNION AND BUS DRIVERS ENTERPRISE AGREEMENT 2022

(ODN AG2023/1298) [AE520211]

Passenger vehicle transport (non rail) industry
COMMISSIONER PLATT	ADELAIDE, 22 AUGUST 2024

Application for variation of the Torrens Transit Services Pty Ltd, Transport Workers' Union and Bus Drivers Enterprise Agreement 2022

1. Torrens Transit Services Pty Ltd T/A Torrens Transit Services Pty Ltd (the Applicant) has made an application pursuant to s.218(2)(b) of the Fair Work Act 2009 (the Act), to vary the Torrens Transit Services Pty Ltd, Transport Workers' Union and Bus Drivers Enterprise Agreement 2022 (the Agreement) to correct or amend an obvious error, defect or irregularity.

1. The Agreement was approved by the Commission on 29 June 2023 and commenced operation on 6 July 2023.[1] The Applicant is the Employer covered by the Agreement. The Transport Workers’ Union of Australia (TWU) is also covered by the Agreement.

1. The Applicant and the TWU have reached a consent agreement for the applicable rates for FT1 employees contained in ‘Appendix 1 – Wage Details’ (row 8, columns 7 & 8) to be increased. The Applicant will also provide backpay to FT1 employees from the Agreement’s commencement to the date of variation within 14 days.

1. The Applicant seeks that the Agreement be corrected by way of an Order.

1. I have sought the views of the Bargaining Representatives and TWU. The TWU have consented to the application. The parties were content for the matter to be determined based on the material filed.

1. The error, which was not identified until after the Agreement was approved, is an error of substance and would therefore fall within the scope of s.218A(1).

2. My determination to vary the Agreement is in accordance with the requirements of s.218A(2)(b) of the Act. The variation sought will operate from 22 August 2024. An order giving effect to this Decision will be separately issued.[2]

COMMISSIONER

[1] [2023] FWCA 1897.

[2] PR778551.

Printed by authority of the Commonwealth Government Printer

<AE520211  PR778531>