Transdev John Holland Buses (Nsw) Pty Ltd T/A Transdev John Holland Buses (Nsw) Pty Ltd

[2023] FWCA 120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Transdev John Holland Buses (Nsw) Pty Ltd T/A Transdev John Holland Buses (Nsw) Pty Ltd

(AG2022/5195)

TJHB SENIOR AND SALARIED OFFICERS' AGREEMENT 2022

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 13 JANUARY 2023

Application for approval of the TJHB Senior & Salaried Officers' Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the TJHB Senior & Salaried Officers’ Enterprise Agreement 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 John Holland Buses (Nsw) Pty Ltd T/A Transdev John Holland Buses (Nsw) Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The RTBU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2023. The nominal expiry date of the Agreement is 30 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transdev John Holland Buses (Nsw) Pty Ltd T/A Transdev John Holland Buses (Nsw) Pty Ltd applied for the approval of their proposed Enterprise Agreement, the TJHB Senior & Salaried Officers' Enterprise Agreement 2022. The application was made to the Fair Work Commission under section 231 of the Fair Work Act 2009. The application for approval followed the agreement being certified by the Fair Work Commission as a simple justice agreement.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it was in the public interest to approve the agreement. The Commission considered the application and submissions from the parties involved. The Commission examined the agreement's provisions, the bargaining process, and the fairness of the agreement to both parties.

The Commission found that the agreement met the requirements of the Fair Work Act and was in the public interest to be approved. The Commission noted that the agreement had been negotiated in good faith, and the parties had made genuine efforts to reach an agreement. The Commission also found that the agreement provided for a fair and reasonable outcome for both parties and was not likely to have an adverse effect on the public interest. The Commission approved the agreement subject to certain conditions, including the requirement for the parties to implement the agreement in good faith and to provide certain information to the Commission.

The Commission approved the TJHB Senior & Salaried Officers' Enterprise Agreement 2022, subject to certain conditions. The agreement provides for the terms and conditions of employment for senior and salaried officers employed by Transdev John Holland Buses (Nsw) Pty Ltd. The approval of the agreement ensures that the parties have a fair and reasonable agreement that meets the requirements of the Fair Work Act and is in the public interest. The Commission's decision provides certainty for both parties and helps to promote industrial peace and harmony in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established