Transit Systems West Services Pty Ltd
[2025] FWCA 605
•19 FEBRUARY 2025
| [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
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Annexure A
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