DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transdev Brisbane Ferries Pty Ltd
(AG2019/626)

TRANSDEV BRISBANE FERRIES PTY LTD WORKSHOP AND ASSOCIATED EMPLOYEES ENTERPRISE AGREEMENT 2018 - 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 MAY 2019

Application for approval of the Transdev Brisbane Ferries Pty Ltd Workshop and Associated Employees Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Transdev Brisbane Ferries Pty Ltd Workshop and Associated Employees Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transdev Brisbane Ferries Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transdev Brisbane Ferries Pty Ltd sought approval for their enterprise agreement, which was subject to a dispute in the Fair Work Commission. The enterprise agreement in question covered their workshop and associated employees for the period 2018-2022. The legal issues that arose centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it contained any provisions that would unfairly disadvantage employees. The Commission had to determine if the agreement was made in good faith, if it contained appropriate provisions for the protection of employees' interests, and if it was free from any provisions that would cause detriment to the employees.

The court examined the enterprise agreement clause by clause, considering the obligations of the employer and the rights of the employees. It was noted that the agreement had been negotiated between the parties and that there was no evidence of any coercion or unfairness. The court also considered the terms of the agreement in the context of the industry and the bargaining power of the parties. After careful consideration, the Commission found that the enterprise agreement met the requirements of the Act and did not contain any provisions that would unfairly disadvantage employees. The court was satisfied that the agreement had been made in good faith and that it contained appropriate provisions for the protection of employees' interests.

In light of the above, the Fair Work Commission approved the Transdev Brisbane Ferries Pty Ltd Workshop and Associated Employees Enterprise Agreement 2018-2022. The decision was made on the basis that the agreement was fair and reasonable, and that it met the requirements of the Fair Work Act 2009. The court noted that the agreement contained appropriate provisions for the protection of employees' interests and that it did not contain any provisions that would cause detriment to the employees. The final orders of the court were that the enterprise agreement be approved as a registered agreement under the Act.

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