Transdev NSW South Pty Ltd

Case

[2022] FWCA 2103

27 JUNE 2022


[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.

  1. 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.

  1. 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.

  1. 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.

  2. 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.

  3. 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.

  1. 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

<AE516423  PR743058>

Annexure A

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