Transdev Sydney Pty Ltd T/A Transdev Sydney

[2019] FWCA 1946

[2019] FWCA 1946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Transdev Sydney Pty Ltd T/A Transdev Sydney
(AG2018/5978)

TRANSDEV SYDNEY PTY LTD (LIGHT RAIL) - ENTERPRISE AGREEMENT 2015-2018

Passenger vehicle transport (non rail) industry
COMMISSIONER MCKINNON	MELBOURNE, 26 MARCH 2019

Application for variation of the Transdev Sydney Pty Ltd (Light Rail) - Enterprise Agreement 2015-2018.

[1] An application has been made for approval of a variation to the Transdev Sydney Pty Ltd (Light Rail) - Enterprise Agreement 2015-2018 (the Agreement). The application was made by Transdev Sydney Pty Ltd T/A Transdev Sydney 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 19 October 2016. Those undertakings form part of the Agreement as varied.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.211 and 212 had not been met in relation to the application for approval of the Variation. The undertakings were accepted and the Variation was approved on 4 April 2018. Those undertakings form part of the Agreement as varied.

[6] 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.

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

[8] In accordance with s.216 of the Act, the variation operates from 26 March 2019.

COMMISSIONER

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