DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transit (NSW) Services Pty Ltd T/A Transit Systems NSW
(AG2016/3532)

TRANSIT SYSTEMS (NSW) ENGINEERING STAFF AGREEMENT 2016

Vehicle industry
COMMISSIONER LEE	MELBOURNE, 1 AUGUST 2016

Application for approval of the Transit Systems (NSW) Engineering Staff Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Transit Systems (NSW) Engineering Staff 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 Transit (NSW) Services Pty Ltd T/A Transit Systems NSW. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transit (NSW) Services Pty Ltd, trading as Transit Systems NSW, applied to the Fair Work Commission for approval of the Transit Systems (NSW) Engineering Staff Agreement 2016. The applicant sought an approval for an agreement that had been made between the employer and the employees' representative, the Rail, Tram and Bus Industry Union. The dispute before the Commission centred on whether the agreement was in the public interest and whether it complied with the relevant legislative provisions.

The key legal issues for the Commission to determine were whether the agreement appropriately balanced the interests of the employees and the employer, and whether it adhered to the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was likely to promote workplace harmony and productivity, and whether it contained all the necessary terms as required by the legislation.

The Fair Work Commission considered the content of the proposed agreement, including the terms regarding wages, conditions, dispute resolution, and other employment-related matters. The Commission concluded that the agreement was in the public interest and complied with all statutory requirements. It was found to appropriately balance the interests of both the employees and the employer, and was likely to promote workplace harmony and productivity. The agreement was therefore approved.

The Fair Work Commission approved the Transit Systems (NSW) Engineering Staff Agreement 2016, and the approval is effective from the date of the decision. This decision is binding on all parties involved and sets the terms of employment for the relevant employees under the approved agreement.

Transit (NSW) Services Pty Ltd T/A Transit Systems NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established