DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transdev Sydney Pty Ltd T/A Transdev Sydney
(AG2018/24)

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

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 APRIL 2018

Application for approval of the Transdev Sydney Pty Ltd (Inner West Light Rail) - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Transdev Sydney Pty Ltd (Inner West Light Rail) - Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transdev Sydney Pty Ltd T/A Transdev Sydney. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2018. The nominal expiry date of the Agreement is 3 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transdev Sydney Pty Ltd, trading as Transdev Sydney, applied to the Fair Work Commission for approval of the Transdev Sydney Pty Ltd (Inner West Light Rail) - Enterprise Agreement 2017. The matter was heard in the Commission's Melbourne registry, where the Applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009. The dispute arose from the negotiation of the agreement, which was to apply to employees of the Applicant who are engaged in the operation of the Inner West Light Rail project. The Applicant sought to have the agreement approved as a simple, fair, and streamlined agreement.

The primary legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act. The Commission had to consider whether the agreement contained the appropriate terms and conditions, and whether it was simple, fair, and streamlined. The Commission also had to consider whether the agreement had been negotiated in good faith, and whether it met the requirements of the Better Off Overall Test. Additionally, the Commission had to consider whether the agreement provided for the appropriate level of employee participation and whether it contained adequate provisions for dispute resolution.

The Commission found that the agreement met the requirements of section 231 of the Fair Work Act. The agreement contained appropriate terms and conditions, and was simple, fair, and streamlined. The Commission was satisfied that the agreement had been negotiated in good faith, and that it met the requirements of the Better Off Overall Test. The Commission also found that the agreement provided for an appropriate level of employee participation, and contained adequate provisions for dispute resolution. The Commission approved the agreement, and the Applicant's application was successful.

The Commission's final orders included the approval of the Transdev Sydney Pty Ltd (Inner West Light Rail) - Enterprise Agreement 2017, and the registration of the agreement under section 186 of the Fair Work Act. The agreement is to be in effect from 1 April 2017 and will apply to employees of the Applicant who are engaged in the operation of the Inner West Light Rail project.

Transdev Sydney Pty Ltd T/A Transdev Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established