DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transdev Sydney Pty Ltd
(AG2014/10284)

TRANSDEV SYDNEY MAINTENANCE TECHNICIANS ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 JANUARY 2015

Application for approval of the Transdev Sydney Maintenance Technicians Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Transdev Sydney Maintenance Technicians Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 14 January 2015. The nominal expiry date of the Agreement is 1 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transdev Sydney Pty Ltd applied to the Fair Work Commission for the approval of the Transdev Sydney Maintenance Technicians Enterprise Agreement 2014-2017. The application was contested by the Rail, Tram and Bus Union, which raised concerns about the fairness and compliance of the agreement with the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which had to determine whether the agreement met the requirements for approval under the Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement was a "better off overall test" (BOOT) agreement, meaning that it provided employees with a total package of wages and conditions that was no worse than what they would receive under the applicable award. The Commission had to examine the terms of the agreement, including wages, leave entitlements, and other conditions, to ascertain if they were fair and reasonable in light of the employees' current and proposed conditions.

The Fair Work Commission found that the proposed agreement did indeed meet the BOOT criteria. The Commission considered the evidence presented by both parties and concluded that the agreement provided the employees with a total package of wages and conditions that was at least as good as, if not better than, what they would receive under the applicable award. The Commission also found that the agreement did not contain any unfair or unreasonable provisions, and that it complied with the requirements of the Fair Work Act. Accordingly, the Commission approved the Transdev Sydney Maintenance Technicians Enterprise Agreement 2014-2017.

The Fair Work Commission's decision was that the Transdev Sydney Maintenance Technicians Enterprise Agreement 2014-2017 was approved and registered under the Fair Work Act 2009. The agreement was to be in effect from 1 July 2014 until 30 June 2017, subject to any variations or modifications that may be agreed upon by the parties or determined by a court or tribunal with jurisdiction. The Commission's decision was final and binding on both parties, and could not be appealed except on limited grounds specified in the Act.

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