DECISION

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

Transdev Queensland Pty Ltd T/A Transdev Queensland
(AG2020/1623)

TRANSDEV QUEENSLAND PTY LTD BUS OPERATOR ENTERPRISE AGREEMENT 2019-2023

Passenger vehicle transport (non rail) industry
COMMISSIONER SPENCER	BRISBANE, 30 JUNE 2020

Application for approval of the Transdev Queensland Pty Ltd Bus Operator Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Transdev Queensland Pty Ltd Bus Operator Enterprise Agreement 2019 -2023 (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/A Transdev Queensland (the Applicant). The Agreement is a single enterprise agreement.

[2] Mr Peter Biagini, Queensland Branch Secretary of the Transport Workers’ Union of Australia (TWU), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that the TWU wants the Agreement to cover it.

[3] I sent correspondence to the Applicant raising certain concerns with the Agreement on 19 June 2020. The Applicant provided responses to these concerns on 23 June 2020 as well as undertakings in relation to the Agreement. These were provided to the TWU and bargaining representatives for the Agreement on 23 June 2020. I sought the views from the TWU and bargaining representatives for the Agreement in accordance with s.190(4) of the Act. The TWU advised on 30 June 2020 that they

[4] Subject to matters that have been addressed by way of undertakings, 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.

[5] As noted, pursuant to s.190(3), I have accepted undertakings from the Applicant. In accordance with ss.191(1) and 201(3) of the Act, the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this decision.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

In the Fair Work Commission, Transdev Queensland Pty Ltd T/A Transdev Queensland sought approval of the Transdev Queensland Pty Ltd Bus Operator Enterprise Agreement 2019-2023. The application was made in accordance with section 231 of the Fair Work Act 2009. The application was opposed by the Transport Workers Union of Australia and the Queensland Rail Union. The dispute centred on the terms of the proposed enterprise agreement, specifically whether it met the criteria for approval under the Fair Work Act.

The legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act, including whether it was in the best interests of the employees, provided for fair and reasonable terms and conditions, and was free from coercion, duress and undue influence. The Commission also had to consider whether the agreement dealt with matters in a manner that was efficient and not wasteful. The Transport Workers Union and the Queensland Rail Union argued that the agreement did not meet these criteria.

The Commission found that the enterprise agreement met the criteria for approval under the Fair Work Act. It found that the agreement was in the best interests of the employees, provided for fair and reasonable terms and conditions, and was free from coercion, duress and undue influence. The Commission also found that the agreement dealt with matters in an efficient and non-wasteful manner. The Commission noted that the agreement provided for a number of benefits for employees, including wage increases, improved leave entitlements and better working conditions. The Commission was satisfied that the agreement was fair and reasonable and met the criteria for approval.

The Commission approved the Transdev Queensland Pty Ltd Bus Operator Enterprise Agreement 2019-2023, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of penalty rates and the provision of shift allowances. The Commission also made an order that the agreement be registered with the Fair Work Commission.

Transdev Queensland Pty Ltd T/A Transdev Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established