DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transit Systems West Services Pty Ltd
(AG2021/4175)

TRANSIT SYSTEMS WEST SERVICES ENGINEERING AND MAINTENANCE ENTERPRISE AGREEMENT 2021

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 20 MAY 2021

Application for approval of the Transit Systems West Services Engineering and Maintenance Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Transit Systems West Services Engineering and Maintenance Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transit Systems West Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] The Australian Manufacturing Workers Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from this approval. The nominal expiry date of the Agreement is 27 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Transit Systems West Services Pty Ltd recently faced scrutiny in the Fair Work Commission regarding the approval of its 2021 Engineering and Maintenance Enterprise Agreement. The dispute arose between the company, represented by its employer representatives, and the trade union, which sought to validate the agreement under the Fair Work Act 2009. The union argued that the agreement did not meet certain statutory requirements and should not be approved, while the employer contended that all necessary criteria were satisfied and the agreement should be endorsed.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act. Specifically, the union challenged the agreement on the grounds that it did not appropriately address the terms of employment for a protected industrial action, as required by section 233 of the Act. The Commission had to determine if the agreement was made in good faith, met the minimum standards outlined in the legislation, and if it was fair and reasonable.

In delivering its decision, the Commission examined the agreement's provisions against the statutory framework. It found that the agreement did indeed include the necessary minimum terms and conditions, and that the parties had acted in good faith. The Commission also concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties. Therefore, the Commission approved the agreement, finding it to be in compliance with the requirements of the Fair Work Act.

As a result of the Commission's decision, the Transit Systems West Services Engineering and Maintenance Enterprise Agreement 2021 was formally approved, and it now governs the terms and conditions of employment for the relevant employees. This outcome ensures that the agreement is legally binding and that both the employer and employees are subject to its terms.

Transit Systems West Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established