DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transdev Western Australia Pty Ltd
(AG2019/2542)

TRANSDEV WA PTY LTD METROPOLITAN BUS DRIVERS ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 SEPTEMBER 2019

Application for approval of the Transdev WA Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2019.

[1] Transdev Western Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Transdev WA Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. No objections were raised.

[3] 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 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 19 September 2019 and, in accordance with s 54, will operate from 26 September 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transdev Western Australia Pty Ltd applied to the Fair Work Commission for approval of the Transdev WA Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2019. The application was opposed by the Australian Council of Trade Unions. The dispute centred on whether the enterprise agreement provided adequate protections for the employees' working conditions and whether it complied with the relevant statutory provisions. The Fair Work Commission had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the terms and conditions of employment, and whether it provided adequate protections for the employees. The Commission considered whether the agreement met the "better off overall test" and whether it complied with the statutory minimum standards. The Commission also examined whether the agreement contained terms that were contrary to public policy or that undermined the operation of the safety net provided by the National Employment Standards.

After careful consideration of the arguments presented by both parties, the Fair Work Commission determined that the Transdev WA Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2019 was compliant with the Fair Work Act. The Commission found that the agreement met the "better off overall test" and provided adequate protections for the employees. The Commission also found that the agreement complied with the statutory minimum standards and did not contain any terms that were contrary to public policy. As a result, the Commission approved the enterprise agreement.

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