DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transdev Western Australia Pty Ltd
(AG2016/3554)

TRANSDEV WA PTY LTD METROPOLITAN BUS DRIVERS ENTERPRISE AGREEMENT 2016

Passenger vehicle transport (non rail) industry
COMMISSIONER ROE	MELBOURNE, 25 JULY 2016

Application for approval of the Transdev WA Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Transdev WA Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transdev Western Australia Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Transport Workers’ 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 July 2016 and, in accordance with s.54, will operate from 1 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transdev Western Australia Pty Ltd, an employer, applied to the Fair Work Commission for the approval of the Transdev WA Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2016. The application was opposed by a group of employees, who raised concerns about various aspects of the proposed agreement. The dispute was heard in the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for proper consultation and whether it contained provisions that were contrary to public policy. The employees argued that the consultation process was inadequate and that certain clauses within the agreement contravened public policy, including provisions related to penalties for rule breaches and the definition of a shift. The employer contended that the consultation process was robust and that the agreement was consistent with public policy.

In assessing these issues, the Commission considered the process of consultation undertaken by the employer and evaluated the provisions of the agreement against the criteria set out in the Fair Work Act. The Commission found that the consultation process was appropriate and that the agreement did not contain any provisions that were contrary to public policy. Consequently, the Commission approved the agreement, emphasising the importance of the consultation process and the absence of any public policy concerns.

The Fair Work Commission approved the Transdev WA Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2016, dismissing the employees' objections. The decision underscores the importance of proper consultation and the absence of public policy issues in enterprise agreements. This case serves as a reminder to employers and employees of the criteria that must be met for an enterprise agreement to be approved by the Fair Work Commission.

Transdev Western Australia 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