Transdev Sydney Ferries Pty Limited T/A Transdev Sydney Ferries

[2023] FWCA 3107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Transdev Sydney Ferries Pty Limited T/A Transdev Sydney Ferries

(AG2023/3050)

TRANSDEV SYDNEY FERRIES BALMAIN SHIPYARD TRADES STAFF AGREEMENT 2023

Maritime industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 25 SEPTEMBER 2023

Application for approval of the Transdev Sydney Ferries Balmain Shipyard Trades Staff Agreement 2023

An application has been made for approval of an enterprise agreement known as the Transdev Sydney Ferries Balmain Shipyard Trades Staff Agreement 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 Sydney Ferries Pty Limited Trading as Transdev Sydney Ferries (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services union of Australia (CEPU), The Automotive, Food, Materials, Engineering, Printing and Kindred Industries Union (AMWU) and The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU, AMWU and CFMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 20 April 2027.

DEPUTY PRESIDENT ROBERTS

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the court involved Transdev Sydney Ferries Pty Limited, trading as Transdev Sydney Ferries, which sought approval of the Transdev Sydney Ferries Balmain Shipyard Trades Staff Agreement 2023. The nature of the dispute pertained to the procedural and substantive fairness of the agreement, as well as whether it complied with the relevant maritime industrial relations legislation.

The central legal issues the court had to decide were whether the agreement was made in good faith, whether it was procedurally fair, and if it contained terms that were not manifestly unfair to the employees. The court also needed to determine if the agreement met the statutory requirements for approval under the relevant maritime industrial relations provisions.

The court considered the evidence presented by both parties, including witness testimonies and documentation related to the agreement-making process. It assessed the fairness of the agreement by examining the negotiation process and the terms contained within it. The court found that the agreement was made in good faith and was procedurally fair, as there was adequate consultation and negotiation between the parties. The terms of the agreement were also found to be fair and not manifestly unfair, as they balanced the interests of both the employer and the employees. Consequently, the court approved the Transdev Sydney Ferries Balmain Shipyard Trades Staff Agreement 2023.

The final orders of the court were that the Transdev Sydney Ferries Balmain Shipyard Trades Staff Agreement 2023 be approved, with the terms coming into effect as specified in the agreement. The court's decision provided clarity and legal certainty for both the employer and the employees, ensuring that the agreement was compliant with the maritime industrial relations legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established