Transdev Brisbane Ferries Pty Ltd

[2019] FWCA 4306

[2019] FWCA 4306

FAIR WORK COMMISSION

DECISION

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

Transdev Brisbane Ferries Pty Ltd
(AG2019/1511)

TRANSDEV BRISBANE FERRIES ENTERPRISE AGREEMENT 2019 - 2022

Maritime industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 20 JUNE 2019

Application for approval of the Transdev Brisbane Ferries Enterprise Agreement 2019-2022

[1] Transdev Brisbane Ferries Pty Ltd (Transdev) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Transdev Brisbane Ferries Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On 12 June 2019 undertakings were provided by Transdev to address concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] The Construction, Forestry, Maritime, Mining and Energy Union and the Australian Maritime Officers’ Union have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

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

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 27 June 2019. The nominal expiry date of the Agreement is 20 June 2022.

DEPUTY PRESIDENT

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