DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transdev Sydney Ferries Pty Limited T/A Transdev Sydney Ferries
(AG2019/3556)

TRANSDEV SYDNEY FERRIES BALMAIN SHIPYARD TRADES STAFF AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 25 OCTOBER 2019

Application for approval of the Transdev Sydney Ferries Balmain Shipyard Trades Staff Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Transdev Sydney Ferries Balmain Shipyard Trades Staff Agreement 2019 (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 Ltd T/A Transdev Sydney Ferries. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 1 November 2019. The nominal expiry date of the Agreement is 20 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transdev Sydney Ferries Pty Limited, trading as Transdev Sydney Ferries, applied to the Fair Work Commission for approval of the Transdev Sydney Ferries Balmain Shipyard Trades Staff Agreement 2019. The respondents to the application were the Maritime Union of Australia and the Australian Licensed Aircraft Engineers' Association. The application was made under section 235 of the Fair Work Act 2009 and related to an agreement concerning the terms and conditions of employment for trades staff at the Balmain Shipyard.

The legal issues before the commission were whether the agreement complied with the requirements of the Fair Work Act and if it was in the best interests of the employees. The commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, maximum hours of work, and other entitlements, and if it facilitated productivity and efficiency in the workplace. The commission also had to consider if the agreement allowed for the proper regulation of workplace relations and if it promoted the achievement of fair work outcomes.

The Fair Work Commission approved the agreement, finding that it met the legal requirements and was in the best interests of the employees. The commission considered the terms and conditions of employment provided for in the agreement to be fair and reasonable, providing for adequate minimum rates of pay, reasonable maximum hours of work, and appropriate entitlements. The commission also found that the agreement facilitated productivity and efficiency in the workplace and allowed for the proper regulation of workplace relations. Furthermore, the commission was satisfied that the agreement promoted the achievement of fair work outcomes.

The Fair Work Commission approved the Transdev Sydney Ferries Balmain Shipyard Trades Staff Agreement 2019, and the application was accordingly dismissed. The agreement is now registered and will apply to the employees covered by it.

Transdev Sydney Ferries Pty Limited T/A Transdev Sydney Ferries

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established