DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transdev Melbourne Pty Ltd
(AG2018/5830)

TRANSDEV MELBOURNE PTY LTD BUS DRIVER ENTERPRISE AGREEMENT 2018 - 2021

Passenger vehicle transport (non rail) industry
COMMISSIONER WILSON	MELBOURNE, 8 MARCH 2019

Application for approval of the Transdev Melbourne Pty Ltd Bus Driver Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Transdev Melbourne Pty Ltd Bus Driver Enterprise Agreement 2018 - 2021 (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 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 1 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Transdev Melbourne Pty Ltd, sought approval of the Transdev Melbourne Pty Ltd Bus Driver Enterprise Agreement 2018-2021 from the Fair Work Commission. The application was contested by the Transport Workers Union of Australia, the Registered Organisation for the relevant employees, which raised several objections to the agreement. The matter was heard and determined in the Fair Work Commission, with a decision handed down on 19 November 2018.

The central legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The union argued that the agreement did not provide adequate protections for employees and was not in their best interests. The Commission needed to consider the fairness and appropriateness of the terms of the agreement, including provisions related to pay rates, working conditions, and dispute resolution mechanisms.

The Commission found that the agreement contained terms that were fair and reasonable, taking into account the interests of both the employer and the employees. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The union's objections were largely based on a comparison with other enterprise agreements, which the Commission found to be an improper basis for determining whether the agreement was in the best interests of the employees. The Commission concluded that the agreement was fair and appropriate, and approved it under section 234 of the Fair Work Act.

As a result of the Commission's decision, the Transdev Melbourne Pty Ltd Bus Driver Enterprise Agreement 2018-2021 was approved and will be in effect until 30 June 2021. The agreement provides a framework for the employment of bus drivers by Transdev Melbourne, including provisions for pay rates, working conditions, and dispute resolution mechanisms. The decision of the Fair Work Commission is final and binding, and may not be appealed except on limited grounds.

Transdev Melbourne 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