Transdev Queensland Pty Ltd

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transdev Queensland Pty Ltd recently appeared before the Fair Work Commission, seeking approval for the Transdev Queensland Bus Operator Enterprise Agreement 2024. The company and the Australian Council of Trade Unions (ACTU) were the parties involved in the dispute. The primary issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including ensuring that the agreement was made in good faith and met the minimum standards set by the Act. The Commission needed to determine whether the agreement appropriately balanced the interests of the employees and the employer, particularly in terms of wages, working conditions, and dispute resolution mechanisms.

The legal issues the court was required to decide included whether the agreement contained all the mandatory terms and conditions as required by the Fair Work Act, and whether the agreement was made in good faith. The court also needed to assess if the agreement provided for appropriate mechanisms for resolving disputes between the parties, and if it met the statutory minimum entitlements for employees. The fairness and reasonableness of the proposed agreement were also critical, given the requirement that any approved agreement must be fair and reasonable in all its terms.

The Commission concluded that the proposed agreement was made in good faith and met all the statutory requirements under the Fair Work Act. The agreement provided for fair and reasonable terms and conditions, including appropriate wage rates, working conditions, and dispute resolution mechanisms. The Commission found that the agreement appropriately balanced the interests of both the employer and the employees, and that it complied with all the mandatory provisions of the Act. As a result, the Commission approved the Transdev Queensland Bus Operator Enterprise Agreement 2024. The court found that the agreement was fair and reasonable and met all the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established