Transdev Sydney Pty Ltd

[2021] FWCA 7112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transdev Sydney Pty Ltd
(AG2021/8742)

TRANSDEV SYDNEY PTY LTD (INNER WEST LIGHT RAIL) - ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER O'NEILL	MELBOURNE, 16 DECEMBER 2021

Application for approval of the Transdev Sydney Pty Ltd (Inner West Light Rail) - Enterprise Agreement 2021

[1] Transdev Sydney Pty Ltd has applied for approval of an enterprise agreement known as the Transdev Sydney Pty Ltd (Inner West Light Rail) - Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] 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.

[3] The Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2021. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transdev Sydney Pty Ltd, the operator of the Inner West Light Rail, sought approval from the Fair Work Commission for an enterprise agreement. The agreement, which was made in 2021, sought to regulate the terms and conditions of employment for its workforce. The dispute centred on whether the agreement complied with the necessary legal standards and whether it was in the best interests of the employees. The Fair Work Commission was the court tasked with deciding on this matter.

The primary legal issues before the Commission involved whether the agreement contained all the required provisions as per the Fair Work Act 2009, and if it provided for minimum workplace entitlements and the proper processes for resolving disputes. Additionally, the court had to consider whether the agreement was made in good faith and whether it provided for the proper consultation with the employees.

The Commission found that the agreement met all the necessary requirements under the Fair Work Act. It included all the mandatory terms and conditions, provided for minimum entitlements, and established dispute resolution mechanisms. The Commission also determined that the agreement was made in good faith and that the proper consultation processes were followed. Consequently, the Fair Work Commission approved the Transdev Sydney Pty Ltd (Inner West Light Rail) - Enterprise Agreement 2021.

The court ordered that the agreement be approved and registered. The decision was significant as it set a precedent for similar enterprise agreements in the public transport sector, ensuring that they met the statutory requirements and protected the rights of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established