Transdev Sydney Ferries Pty Ltd T/A Transdev Summary

[2023] FWCA 298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Transdev Sydney Ferries Pty Ltd T/A Transdev

(AG2022/5548)

TRANSDEV SYDNEY FERRIES MARITIME ENTERPRISE AGREEMENT 2022

Maritime industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 31 JANUARY 2023

Application for approval of the Transdev Sydney Ferries Maritime Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Transdev Sydney Ferries Maritime Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Australian Institute of Marine and Power Engineers, the Construction, Forestry, Maritime, Mining and Energy Union and The Australian Maritime Officers’ Union each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 February 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, trading as Transdev, applied to the Fair Work Commission for approval of the Transdev Sydney Ferries Maritime Enterprise Agreement 2022. The application arose from negotiations between Transdev and a union representing maritime workers, the Maritime Union of Australia. The dispute centred on the terms and conditions of employment for the union’s members, including wages, working hours, leave entitlements, and other employment-related matters. The Commission, as the tribunal with jurisdiction over such matters under the Fair Work Act 2009, was tasked with determining whether the proposed agreement met the statutory requirements for approval.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to ascertain if the agreement was in the best interests of the employees it covered, whether it provided for minimum entitlements as prescribed by the Act, and if it was free from any illegality or irregularity. The Commission also had to consider whether the agreement was made in good faith and if it complied with the procedural requirements of the Act, including whether the union had genuinely bargained with the employer.

The Commission found that the proposed agreement met the statutory requirements for approval. The agreement was in the best interests of the employees, as it provided for a fair and reasonable set of terms and conditions that reflected the economic circumstances of the parties. The Commission was satisfied that the agreement provided for minimum entitlements and was free from any illegality or irregularity. Furthermore, the Commission was satisfied that the agreement had been made in good faith and complied with the procedural requirements of the Act. The Commission noted that the union had genuinely bargained with the employer and that the agreement reflected the outcomes of that bargaining process.

The Commission approved the Transdev Sydney Ferries Maritime Enterprise Agreement 2022. The agreement was registered with the Fair Work Commission on the date of the decision. The agreement will apply to the union’s members employed by Transdev and will regulate their terms and conditions of employment from the effective date of the agreement. The Commission’s decision provides certainty to both Transdev and the union’s members regarding the terms and conditions of employment covered by the agreement.

Transdev Sydney Ferries Pty Ltd T/A Transdev

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established