DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transdev Queensland Pty Ltd
(AG2020/4224)

TRANSDEV QUEENSLAND PTY LTD WORKSHOP AND ASSOCIATED EMPLOYEES ENTERPRISE AGREEMENT 2021-2024

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT DEAN	SYDNEY, 5 FEBRUARY 2021

Application for approval of the Transdev Queensland Pty Ltd Workshop and Associated Employees Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Transdev Queensland Pty Ltd Workshop and Associated Employees Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transdev Queensland Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2021. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transdev Queensland Pty Ltd sought approval for the Transdev Queensland Pty Ltd Workshop and Associated Employees Enterprise Agreement 2021-2024, which was brought before the Fair Work Commission. The agreement involved the employees of Transdev Queensland, a company operating in the transport sector. The dispute centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009, including ensuring that it facilitated the most efficient and productive workplace relations possible. The Fair Work Commission was tasked with determining the merits of the application and assessing if the agreement provided fair and reasonable terms for the employees while also considering the operational needs of the employer.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act, particularly regarding its fairness and productivity outcomes. The Commission had to consider whether the agreement met the requirements for the fair and efficient operation of the workplace. This included evaluating whether the agreement adequately balanced the interests of both the employer and the employees, ensuring it did not undermine the ability of either party to manage their business or workforce effectively. The Commission also needed to ensure that the agreement did not include terms that would lead to unfair dismissals or unreasonable working conditions.

After thorough deliberation, the Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission concluded that the agreement provided a balanced approach that supported the efficient operation of the workplace while ensuring that employees' interests were adequately protected. The Commission highlighted that the agreement included provisions that facilitated productivity and efficient workplace relations, and it did not include any terms that would unduly disadvantage either party. Consequently, the Commission approved the application, deeming the enterprise agreement to be in compliance with the Fair Work Act.

The final order of the Commission was the approval of the Transdev Queensland Pty Ltd Workshop and Associated Employees Enterprise Agreement 2021-2024. The agreement was found to meet the statutory requirements and was endorsed for implementation, ensuring that it would govern the employment conditions of the employees for the specified period.

Transdev Queensland 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