Transdev NSW South Pty Ltd

[2022] FWCA 2103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Transdev NSW South Pty Ltd

(AG2022/1873)

Transdev NSW & TWU Bus Enterprise Agreement 2022 - 2026

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT DEAN	CANBERRA, 27 JUNE 2022

Application for approval of the Transdev NSW & TWU Bus Enterprise Agreement 2022 - 2026.

An application has been made for approval of an enterprise agreement known as the Transdev NSW & TWU Bus Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transdev NSW South Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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

Subject to the undertaking 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.
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.
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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transdev NSW South Pty Ltd applied to the Fair Work Commission for the approval of the Transdev NSW & TWU Bus Enterprise Agreement 2022 - 2026. The Transport Workers Union (TWU) opposed the approval, asserting that the agreement did not adequately provide for the protection of employees' rights and entitlements. The matter was heard by the Commission, which had to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement contained the necessary minimum terms and conditions, as mandated by the Fair Work Act, and if it adequately balanced the interests of both employers and employees. The Commission examined the provisions of the agreement, particularly those concerning wages, working conditions, and dispute resolution mechanisms. The TWU argued that the agreement failed to provide sufficient protections for employees, particularly in relation to redundancy and unfair dismissal.

In its decision, the Commission concluded that the agreement substantially complied with the statutory requirements of the Fair Work Act. The Commission found that the agreement contained the necessary minimum terms and conditions and struck an appropriate balance between the rights and interests of employers and employees. The Commission also noted that the agreement included provisions for dispute resolution that were consistent with the objectives of the Fair Work Act. As a result, the Commission approved the Transdev NSW & TWU Bus Enterprise Agreement 2022 - 2026, rejecting the TWU's opposition.

The Fair Work Commission approved the Transdev NSW & TWU Bus Enterprise Agreement 2022 - 2026, dismissing the Transport Workers Union's application to prevent its approval. The Commission found that the agreement met the legal requirements under the Fair Work Act and adequately balanced the interests of both parties. The decision ensures that the agreed terms and conditions will govern the employment relationship between Transdev NSW South Pty Ltd and its employees as represented by the TWU for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established