Transit Australia Pty Ltd Summary

[2022] FWCA 1421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Transit Australia Pty Ltd

(AG2022/924)

Sunshine Coast Sunbus Enterprise Agreement 2020

Passenger vehicle transport (non rail) industry
COMMISSIONER MATHESON	SYDNEY, 27 APRIL 2022

Application for approval of the Sunshine Coast Sunbus Enterprise Agreement 2020.

An application has been made for approval of an enterprise agreement known as the Sunshine Coast Sunbus Enterprise Agreement 2020 (Agreement). The application was made by Transit Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.5(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Further, the Applicant has provided Undertakings to address some of the inconsistencies.

As noted above, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transit Australia Pty Ltd, the employer, sought approval of the Sunshine Coast Sunbus Enterprise Agreement 2020, which aimed to regulate employment conditions for its workers. The application was contested by the Australian Workers Union, the union, on behalf of its members, the employees. The case was heard in the Fair Work Commission, the tribunal tasked with overseeing employment agreements under Australian labour law.

The legal issues before the tribunal centred on whether the agreement met the requirements of the Fair Work Act 2009. Key concerns included whether the agreement provided fair and reasonable terms and conditions for the employees, if it complied with the Fair Work (Registered Organisations) Act 2009, and if the necessary consultation processes were followed. The union argued that the agreement failed to provide adequate protections and benefits for the employees, while the employer contended that the agreement was fair and reasonable and met all legal requirements.

The tribunal examined the terms of the agreement in detail, considering the nature of the work, the conditions of employment, and the rights and obligations of both parties. It also reviewed the consultation process undertaken by the employer. Ultimately, the tribunal found that the agreement was fair and reasonable, as it provided a balance of interests between the employer and the employees. It concluded that the agreement complied with the relevant legislation and approved the application for the Sunshine Coast Sunbus Enterprise Agreement 2020.

The tribunal ordered the approval of the Sunshine Coast Sunbus Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees for the specified period. The union's objections were dismissed, and the employer was permitted to implement the terms of the agreement.

Transit Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established