Application by Transit Systems (Victoria) Pty Ltd Trading AS Transit Systems
What happened
Transit Systems (Victoria) Pty Ltd, trading as Transit Systems, sought approval for the 'Transit Systems Maintenance Enterprise Agreement 2026-2028'. The agreement is a single enterprise agreement covering employees in the passenger vehicle transport industry. The Australian Manufacturing Workers Union (AMWU) indicated it wished to be covered by the agreement. The application was made under section 185 of the Fair Work Act.
What was decided
The Fair Work Commission approved the Transit Systems Maintenance Enterprise Agreement 2026-2028. the Commissioner found that the requirements of sections 186, 187 and 188 of the Fair Work Act were met. A clause regarding carer’s leave for casual employees was noted as potentially inconsistent with the National Employment Standards (NES), but this inconsistency will be resolved by the more beneficial NES entitlements prevailing. The agreement will operate from July 2, 2026, and expire on June 30, 2028.
What it means for employers
Employers should ensure enterprise agreements are compliant with the Fair Work Act and National Employment Standards. Any inconsistencies need to be addressed so that more beneficial entitlements apply. Careful consideration of clauses relating to employee entitlements is essential before seeking approval for an agreement.
What it means for employees
Employees covered by the Transit Systems Maintenance Enterprise Agreement 2026-2028 will benefit from the terms outlined in the agreement. Casual employees should be aware that while a clause regarding carer’s leave may appear restrictive, the National Employment Standards provide more beneficial entitlements which will apply.
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