DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transdev Queensland Pty Ltd
(AG2016/7972)

TRANSDEV QUEENSLAND PTY LTD WORKSHOP AND ASSOCIATED EMPLOYEES ENTERPRISE AGREEMENT 2017 - 2020

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2017

Application for approval of the Transdev Queensland Pty Ltd Workshop and Associated Employees Enterprise Agreement 2017 - 2020.

[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 2017 - 2020 (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 T/As Transdev Queensland. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings 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 14 March 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Transdev Queensland Pty Ltd sought approval of the Transdev Queensland Pty Ltd Workshop and Associated Employees Enterprise Agreement 2017 – 2020. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, including that it be free of prohibited content, meet the better-off-overall test, and be in the interests of the national system. The dispute centred on whether certain clauses within the agreement were lawful and whether the agreement satisfied the requirements for approval.

The legal issues revolved around the interpretation and application of the Fair Work Act 2009, particularly sections concerning the content and approval of enterprise agreements. Key points included the legality of specific clauses regarding redundancy and termination, and whether the agreement complied with the better-off-overall test. The Commission examined whether the agreement provided employees with conditions at least as favourable as those provided under the relevant award or safety net awards.

The Commission found that the agreement was free of prohibited content and met the better-off-overall test. The Commission noted that while some clauses were contentious, they did not contravene the Act. The applicant successfully demonstrated that the agreement provided employees with better conditions than the safety net awards. The Commission concluded that the agreement was in the interests of the national system and approved it.

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