DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transdev Sydney Pty Ltd
(AG2020/820)

TRANSDEV SYDNEY LIGHT RAIL OPERATIONS ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non-rail) industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 MAY 2020

Application for approval of the Transdev Sydney Light Rail Operations Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Transdev Sydney Light Rail Operations Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Transdev Sydney Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer provided written undertakings to the Fair Work Commission on 1 May 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Passenger Vehicle Transportation Award 2010 Award 2010), and that the undertakings will not result in substantial changes to 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2020. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transdev Sydney Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Transdev Sydney Light Rail Operations Enterprise Agreement 2019. The application involved an agreement between the company and its employees represented by the Rail, Tram and Bus Industry Union. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved as a registered agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly concerning the procedural fairness and whether it provided for the proper bargaining process. The Commission needed to determine if the agreement was made in good faith and if it contained the necessary provisions to ensure the employees' rights were protected.

In considering the application, the Commission assessed the evidence presented on the bargaining process and the content of the agreement. The company demonstrated that the agreement was the result of good faith bargaining, with the union adequately representing the employees' interests. The Commission was satisfied that the agreement contained all the required terms and conditions and provided for the proper protection of employees' rights and interests. Consequently, the Commission approved the Transdev Sydney Light Rail Operations Enterprise Agreement 2019, finding it met the necessary legal standards.

Transdev Sydney 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