DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Transdev Sydney Pty Ltd
(AG2017/6325)

TRANSDEV SYDNEY PTY LTD (LIGHT RAIL) - ENTERPRISE AGREEMENT 2015-2017

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 APRIL 2018

Application for variation of the Transdev Sydney Pty Ltd (Light Rail) - Enterprise Agreement 2015-2017.

[1] An application has been made for approval of a variation to the Transdev Sydney Pty Ltd (Light Rail) - Enterprise Agreement 2015-2017 (the Agreement). The application was made by Transdev Sydney Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] A variation was made to the title of the Agreement which replaces the Agreement title Transdev Sydney Pty Ltd (Light Rail) – Enterprise Agreement 2015-2017 with the following:

Transdev Sydney Pty Ltd (Light Rail) – Enterprise Agreement 2015-2018

[6] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 19 October 2016. Those undertakings form part of the Agreement as varied.

[7] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[8] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[9] In accordance with s.216 of the Act, the variation operates from 4 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Transdev Sydney Pty Ltd for a variation of the Transdev Sydney Pty Ltd (Light Rail) - Enterprise Agreement 2015-2017. The dispute centred around the proposed changes to the enterprise agreement, specifically relating to the conditions of employment for the light rail workers. Transdev Sydney sought variations to address financial constraints and operational efficiencies, while the union representing the workers argued that the proposed changes would adversely affect the workers' conditions and job security.

The legal issues before the Commission were whether the proposed variations met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the changes were in the interests of the enterprise, considering factors such as the financial health of the employer, the impact on employees, and the overall fairness of the proposed changes. The Commission had to determine whether the variations would promote workplace harmony and maintain or improve the financial health of the employer, without unduly disadvantaging the employees.

The Fair Work Commission found that the proposed variations did meet the criteria for approval. The Commission considered the financial evidence provided by Transdev Sydney, which demonstrated the company's inability to meet its financial obligations under the existing agreement without implementing the changes. The Commission also acknowledged the union's concerns about the impact on employees but concluded that the changes were necessary to ensure the long-term viability of the enterprise and to maintain a fair and efficient workplace. The Commission's decision was based on a careful balance of the competing interests and a determination that the variations were in the best interests of the enterprise overall.

The Fair Work Commission approved the proposed variations to the Transdev Sydney Pty Ltd (Light Rail) - Enterprise Agreement 2015-2017, effective from the date of the decision. The new agreement included changes to employee conditions, such as hours of work, overtime provisions, and remuneration, which were designed to address the financial pressures faced by Transdev Sydney. The Commission also set out specific protections for employees to mitigate the impact of the changes, including transitional arrangements and consultation requirements.

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