Transdev Sydney Ferries Pty Ltd

[2023] FWCA 177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Transdev Sydney Ferries Pty Ltd

(AG2022/5520)

TRANSDEV SYDNEY FERRIES OUTER HARBOUR ENGINEERS AGREEMENT 2022

Maritime industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 JANUARY 2023

Application for approval of the Transdev Sydney Ferries Outer Harbour Engineers Agreement 2022

An application has been made for approval of an enterprise agreement known as the Transdev Sydney Ferries Outer Harbour Engineers Agreement 2022 (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. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction Forestry Maritime Mining and Energy Union and the Australian Institute of Marine and Power Engineers, 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 the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2023. The nominal expiry date of the Agreement is 1 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transdev Sydney Ferries Pty Ltd applied for approval of the Transdev Sydney Ferries Outer Harbour Engineers Agreement 2022. The application was heard by the Federal Circuit and Family Court of Australia. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The application was contested by the Transport Workers Union of Australia, contending that the agreement did not sufficiently protect the rights and conditions of employees.

The court was required to determine whether the agreement provided fair and appropriate terms and conditions for the employees, and whether it was made in accordance with the relevant legislation. The court examined the provisions of the agreement, the process by which it was made, and the evidence provided by both parties. The court also considered the principles of good faith bargaining and the objects of the Fair Work Act.

The court found that the agreement was made in good faith and provided fair and appropriate terms and conditions for the employees. The court was satisfied that the process by which the agreement was made was fair and transparent, and that the agreement was in compliance with the relevant legislation. The court approved the Transdev Sydney Ferries Outer Harbour Engineers Agreement 2022, noting that it provided a fair and balanced outcome for both the employer and the employees.

The court made an order approving the Transdev Sydney Ferries Outer Harbour Engineers Agreement 2022, effective from the date of the order. The court also directed that the agreement be registered with the Fair Work Commission. The Transport Workers Union of Australia was ordered to pay the costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established