Transdev Queensland Pty Ltd
[2024] FWCA 4172
•27 NOVEMBER 2024
| [2024] FWCA 4172 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Transdev Queensland Pty Ltd
(AG2024/4307)
TRANSDEV QUEENSLAND BUS OPERATOR ENTERPRISE AGREEMENT 2024
| Passenger vehicle transport (non rail) industry | |
| COMMISSIONER P RYAN | SYDNEY, 27 NOVEMBER 2024 |
Application for approval of the Transdev Queensland Bus Operator Enterprise Agreement 2024
Transdev Queensland Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Transdev Queensland Bus Operator Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Sections 186, 187, 188
I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues raised, and the Statement of Principles.[1]
National Employment Standards
I observe that clauses 2.8.3 and 4.5 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Model Flexibility Term
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the FW Act. Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the FW Regulations is taken to be a term of the Agreement.
Section 183 Bargaining Representative
The Transport Workers’ Union (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the TWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 4 December 2024. The nominal expiry date of the Agreement is 31 December 2026.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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