Transdev John Holland Buses (NSW) Pty Ltd

[2023] FWCA 2619

[2023] FWCA 2619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Transdev John Holland Buses (NSW) Pty Ltd

(AG2023/2662)

TRANSDEV JOHN HOLLAND BUSES (NSW) ENGINEERING & MAINTENANCE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 6 SEPTEMBER 2023

Application for approval of the Transdev John Holland Buses (NSW) Engineering & Maintenance Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Transdev John Holland Buses (NSW) Engineering & Maintenance Enterprise Agreement 2023 (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. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative 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) I note that the Agreement covers the organisations.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 44.3.8 – Personal Leave

·   Clause 44.6.6 – Carer’s Leave

·   Clause 44.7 – Compassionate/Bereavement Leave

·   Clause 45.2 – Parental Leave

·   Clause 46 – Maternity Leave

·   Clause 47 – Adoption Leave

·   Clause 51.8 – Public Holidays

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2023. The nominal expiry date of the Agreement is 3 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521173  PR765315>

Annexure A