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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transdev Brisbane Ferries Pty Ltd applied for approval of the Transdev Brisbane Ferries Enterprise Agreement 2019-2022. The application was brought before the Fair Work Commission. The agreement in question sought to set the terms and conditions of employment for certain employees of Transdev Brisbane Ferries, covering matters such as wages, hours of work, leave entitlements, and other employment-related provisions.

The legal issues before the Commission were whether the agreement was genuinely bargained between the employer and the employees, whether it met the requirements of the Fair Work Act, and whether it was in the best interests of the employees. The Commission had to assess the negotiation process, the content of the agreement, and its potential impact on the employees.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements. The Commission considered the evidence provided by both parties and concluded that the agreement was in the best interests of the employees. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions of employment, taking into account the economic and social context of the industry. The Commission approved the Transdev Brisbane Ferries Enterprise Agreement 2019-2022.

The Commission's decision was that the Transdev Brisbane Ferries Enterprise Agreement 2019-2022 be approved, and it would apply from 1 July 2019. The agreement was to remain in force until 30 June 2022, subject to the rights and obligations of the parties under the Fair Work Act and any other applicable laws.

Transdev Brisbane Ferries 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