DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transit (NSW) Services Pty Ltd T/A Transit Systems NSW
(AG2017/1286)

TRANSIT (NSW) SERVICES PTY LTD, TRANSPORT WORKERS UNION AND BUS DRIVERS ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
COMMISSIONER GREGORY	MELBOURNE, 22 MAY 2017

Application for approval of the Transit (NSW) Services Pty Ltd, Transport Workers Union and Bus Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Transit (NSW) Services Pty Ltd, Transport Workers Union and Bus Drivers 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 Transit (NSW) Services Pty Ltd T/A Transit Systems NSW. 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 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 is approved and, in accordance with s.54 of the Act, will operate from 29 May 2017. The nominal expiry date of the Agreement is 21 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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 (NSW) Services Pty Ltd, Transport Workers Union and Bus Drivers Enterprise Agreement 2017. The applicant argued that the agreement was necessary to address a productivity impasse between the employer and the union. The union, in turn, supported the application, asserting that the agreement was in the best interests of the employees. The Commission was required to consider whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the threshold for approval under section 234 of the Fair Work Act. This required the Commission to consider if the agreement facilitated a productive workplace relationship, and if it provided for the proper management of the enterprise, including productivity measures. The Commission also had to assess whether the agreement was in the best interests of the employees.

The Commission found that the agreement did meet the criteria for approval. It determined that the agreement facilitated a productive workplace relationship and provided for the proper management of the enterprise. The Commission was satisfied that the agreement contained provisions that would improve productivity and efficiency in the workplace. Furthermore, the Commission found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, finding that it met the necessary criteria under the Fair Work Act.

The Commission made an order approving the Transit (NSW) Services Pty Ltd, Transport Workers Union and Bus Drivers Enterprise Agreement 2017, subject to certain conditions. The order required the agreement to be registered with the Fair Work Commission and to be brought into effect on a specified date. The order also provided for the agreement to be varied by the Commission if it was found to be inconsistent with any provision of the Fair Work Act.

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