Transdev Brisbane Ferries Pty Ltd Summary

[2014] FWCA 5168

FAIR WORK COMMISSION

DECISION

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

Transdev Brisbane Ferries Pty Ltd
(AG2014/6951)

TRANSDEV BRISBANE FERRIES PTY LTD WORKSHOP AND ASSOCIATED EMPLOYEES ENTERPRISE AGREEMENT 2014 - 2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 1 AUGUST 2014

Application for approval of the Transdev Brisbane Ferries Pty Ltd Workshop and Associated Employees Enterprise Agreement 2014 - 2018.

[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 2014 - 2018 (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 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 8 August 2014. The nominal expiry date of the Agreement is 1 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transdev Brisbane Ferries Pty Ltd applied for the approval of the Transdev Brisbane Ferries Pty Ltd Workshop and Associated Employees Enterprise Agreement 2014-2018. The application was made under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workshop employees of the company.

The legal issues the court was required to decide were whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act, including whether it was made in good faith and whether it contained the minimum terms and conditions as prescribed by the Act. The court also had to consider whether the agreement was likely to have a detrimental effect on the employees or their employers.

The Fair Work Commission found that the agreement was made in good faith and that it contained the prescribed minimum terms and conditions. The Commission also found that the agreement did not have a detrimental effect on the employees or their employers. The court approved the enterprise agreement and made the necessary orders under section 233 of the Fair Work Act.

Transdev Brisbane Ferries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established