Veolia Transport & Transdev Pty Ltd T/A Veolia Transdev

[2013] FWCA 355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Veolia Transport & Transdev Pty Ltd T/A Veolia Transdev
(AG2012/14481)

VEOLIA TRANSDEV SMBSC AND THE TRANSPORT WORKERS' UNION OF AUSTRALIA FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 JANUARY 2013

Application for approval of the Veolia Transdev SMBSC and the Transport Workers' Union of Australia Fair Work Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Veolia Transdev SMBSC and the Transport Workers' Union of Australia Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 22 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Veolia Transport & Transdev Pty Ltd, trading as Veolia Transdev, for the approval of the Veolia Transdev SMBSC and the Transport Workers' Union of Australia Fair Work Agreement 2012. The application was made before the Fair Work Commission, which has jurisdiction over matters concerning the approval of enterprise agreements under the Fair Work Act 2009. The Transport Workers' Union of Australia contested the application, raising objections to the proposed agreement.

The legal issues before the court centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Key concerns included the fairness of the agreement, the manner in which it was negotiated, and whether it provided for the appropriate minimum entitlements for employees. The court had to assess whether the agreement complied with the 'better off overall test', ensuring that employees were not disadvantaged by the agreement.

The Fair Work Commission examined the evidence and submissions presented by both parties. The Commission found that the agreement was fair and met the statutory requirements. It considered that the negotiation process was appropriate, and that the agreement provided for adequate minimum entitlements. The Commission determined that the agreement was likely to result in employees being better off overall, thus meeting the necessary criteria for approval.

The Commission approved the Veolia Transdev SMBSC and the Transport Workers' Union of Australia Fair Work Agreement 2012, granting the application. The Transport Workers' Union of Australia's objections were dismissed, and the agreement was deemed to comply with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established