DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transdev Sydney Ferries Pty Ltd
(AG2020/4201)

TRANSDEV SYDNEY FERRIES SALARIED AND SENIOR STAFF AGREEMENT 2020

Passenger vehicle transport (non rail) industry
COMMISSIONER JOHNS	SYDNEY, 5 FEBRUARY 2021

Application for approval of the Transdev Sydney Ferries Salaried and Senior Staff Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Transdev Sydney Ferries Salaried and Senior Staff Agreement 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 Sydney Ferries Pty Ltd. 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 as are relevant to this application for approval have been met.

[4] The Australian Institute of Marine and Power Engineers, Australian Municipal, Administrative, Clerical and Services Union and the Construction, Forestry, Maritime, Mining and Energy Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2021. The nominal expiry date of the Agreement is 4 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Transdev Sydney Ferries Pty Ltd for approval of the Transdev Sydney Ferries Salaried and Senior Staff Agreement 2020. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately protected the rights and interests of the salaried and senior staff members and if it aligned with the principles of the Fair Work Act.

The legal issues the court had to decide upon were whether the agreement provided fair and reasonable terms for the employees, whether it complied with the relevant provisions of the Fair Work Act, and if it ensured that the employees’ entitlements, rights, and obligations were clearly and fairly articulated. Additionally, the court had to assess if the agreement adequately facilitated the resolution of workplace issues and disputes.

The court, in its decision, found that the agreement provided fair and reasonable terms for the employees. It concluded that the agreement was consistent with the principles of the Fair Work Act, ensuring that employees' entitlements, rights, and obligations were clearly and fairly articulated. Furthermore, the court determined that the agreement facilitated the resolution of workplace issues and disputes in a manner that was fair and efficient. The court approved the agreement, highlighting its alignment with the statutory framework and its potential to foster a positive industrial relations environment.

The final orders of the court were that the Transdev Sydney Ferries Salaried and Senior Staff Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. The approval was effective from the date of the decision and was to remain in force until terminated in accordance with the agreement or the Fair Work Act.

Transdev Sydney Ferries 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