DECISION

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

Transdev Brisbane Ferries Pty Ltd
(AG2016/1006)

TRANSDEV QUEENSLAND (FERRY) ENTERPRISE AGREEMENT 2015-2017

Maritime industry
COMMISSIONER SIMPSON	BRISBANE, 16 MAY 2016

Application for approval of the Transdev Queensland (Ferry) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Transdev Queensland (Ferry) Enterprise Agreement 2015-2017. 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.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Maritime Union of Australia and the Australian Maritime Officers Union, being bargaining representatives for the Agreement, 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] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transdev Brisbane Ferries Pty Ltd applied for the approval of the Transdev Queensland (Ferry) Enterprise Agreement 2015-2017. The application was heard by the Fair Work Commission. The applicant, Transdev Brisbane Ferries Pty Ltd, sought to have the proposed enterprise agreement, which it had negotiated with its employees, approved by the Commission. The dispute centred around the terms and conditions of employment set out in the agreement, which the applicant argued were fair and reasonable, while some employees contended that certain provisions were unjust.

The legal issues the court had to address included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly regarding the procedural fairness in the negotiation process and the substantive fairness of the terms contained within the agreement. The court also needed to determine whether the agreement was in the best interests of the employees, considering factors such as the need for flexibility in the workplace and the preservation of good employer-employee relations.

In considering these issues, the Fair Work Commission found that the negotiation process had been conducted in good faith and that the agreement contained terms that were fair and reasonable. The Commission noted that the agreement provided for a balance between the needs of the employer for operational efficiency and the employees' need for fair remuneration and working conditions. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. Consequently, the court approved the Transdev Queensland (Ferry) Enterprise Agreement 2015-2017.

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