Transit Systems West Services Pty Ltd

[2025] FWCA 605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Transit Systems West Services Pty Ltd

(AG2025/179)

TRANSIT SYSTEMS WEST SERVICES ENGINEERING AND MAINTENANCE ENTERPRISE AGREEMENT 2024

Passenger vehicle transport (non rail) industry
COMMISSIONER ALLISON	MELBOURNE, 19 FEBRUARY 2025

Application for approval of the Transit Systems West Services Engineering and Maintenance Enterprise Agreement 2024

Transit Systems West Services Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Transit Systems West Services Engineering and Maintenance Enterprise Agreement 2024 (the Agreement).

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.

The coverage of the Agreement as outlined by the Notice of Employee Representational Rights (NERR) appeared to be narrower than the coverage of the final Agreement outlined in clause 2. The Employer provided an undertaking to clarify that the Agreement will only apply to employees in Region 6, which accords with the coverage of the NERR.

The entitlement of part-time employees to overtime rates in the Agreement appeared to be less beneficial than that of the Award. The Employer provided an undertaking to amend the clause 22 (c) of the Agreement so that part-time employees are not receiving payment that is less beneficial than allowed for under the Award.

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. The undertakings are taken to be a term of the agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 26 February 2025, notwithstanding the date specified in clause 8.1 of the Agreement. The nominal expiry date of the Agreement is 27 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transit Systems West Services Pty Ltd (the applicant) applied to the Fair Work Commission for approval of the Transit Systems West Services Engineering and Maintenance Enterprise Agreement 2024. The applicant sought to have the agreement approved in its current form, as it had been negotiated in good faith and met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement was appropriately negotiated and whether it complied with the relevant legislative provisions.

The primary legal issue before the court was whether the agreement had been negotiated in good faith and whether it complied with the Fair Work Act. This involved an examination of the negotiation process, the terms of the agreement, and whether it met the statutory criteria for approval. The court needed to assess if the agreement was fair and reasonable, and whether it provided for the proper protection of employees' rights and interests.

In determining the matter, the court examined the negotiation process and found that it had been conducted in good faith. The court also considered the terms of the agreement and found that they were fair and reasonable. The court concluded that the agreement met the statutory criteria for approval and was in the best interests of the employees. The court approved the Transit Systems West Services Engineering and Maintenance Enterprise Agreement 2024, noting that it provided for proper protection of the employees' rights and interests.

The final orders of the court were that the Transit Systems West Services Engineering and Maintenance Enterprise Agreement 2024 be approved in its current form. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the decision. The court's decision provided certainty for the parties involved and ensured that the agreement was compliant with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established