Transdev Melbourne Pty Ltd

[2014] FWCA 2395

[2014] FWCA 2395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transdev Melbourne Pty Ltd
(AG2014/3761)

TRANSDEV MELBOURNE WORKSHOP ENTERPRISE AGREEMENT 2014-2018

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 9 APRIL 2014

Application for approval of the Transdev Melbourne Workshop Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Transdev Melbourne Workshop 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 Melbourne Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model consultation term is attached in Annexure B.

[5] The Transport Workers’ Union of Australia, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[7] The Agreement was approved on 7 April 2014 and, in accordance with s.54, will operate from 14 April 2014. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

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ANNEXURE A

ANNEXURE B