DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transdev NSW South Pty Ltd / Transdev NSW Pty Ltd
(AG2018/7289)

TRANSDEV NSW BUS ENTERPRISE AGREEMENT 2018 - 2021

Passenger vehicle transport (non rail) industry
COMMISSIONER RIORDAN	SYDNEY, 28 MAY 2019

Application for approval of the Transdev NSW Bus Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Transdev NSW Bus 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 NSW. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia, NSW Branch (TWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 22 May 2019, which included further material in support of the application together with Undertakings made by and duly signed by the People & Culture Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transdev NSW South Pty Ltd and Transdev NSW Pty Ltd applied to the Fair Work Commission for approval of the Transdev NSW Bus Enterprise Agreement 2018-2021. The application was opposed by the Rail, Tram and Bus Union and the Independent Transport Officers Association. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including provisions relating to minimum terms and conditions, and whether the agreement had been genuinely negotiated.

The court was required to determine whether the agreement contained the mandatory minimum terms and conditions as prescribed by the Fair Work Act 2009. Further, the court had to assess whether the agreement had been genuinely negotiated and whether the process followed was appropriate and in compliance with the Act. The court also needed to consider whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act 2009. The court noted that the agreement contained all the mandatory minimum terms and conditions and had been genuinely negotiated. The process followed was deemed appropriate, and the agreement was found to be in the best interests of the employees, providing fair and reasonable terms. The Commission approved the application, and the Transdev NSW Bus Enterprise Agreement 2018-2021 was approved as a registered agreement.

Transdev NSW South Pty Ltd / Transdev NSW 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