ENTERPRISE AGREEMENTS – notice of representational rights – ss.174, 185, 186 Fair Work Act 2009 – application for approval of the Transit (NSW) Services P/L, Transport Workers Union and Bus Drivers Enterprise Agreement 2015 – TWU opposed application, claiming no genuine agreement due to misleading communications, failure to take all reasonable steps to explain terms and multiple votes in short period – further grounds of opposition that agreement contained unlawful terms and had deficiencies in the Notice of Employee Representational Rights (NERR) – leave granted for counsel to appear due to complexity of issues raised – TWU submitted employees were misled over incentive payment – held no employee could have reasonably concluded this amount would not be taxed – submitted a failure to translate into other languages meant obligations not complied with – no evidence to support this as all reasonable steps taken, including inviting employees to attend information sessions and ask questions – TWU argued ballots conducted in quick succession implied Transit would not accept ‘no’ to approval – held that as voting processes conducted in accordance with procedural requirements, no reason to conclude it was not genuinely agreed to – no unlawful term held to exist regarding back-pay, following Transit undertaking to remove a precondition of TWU support for approval – TWU finally submitted agreement cannot be approved due to NERR notice conflicting with prescribed notice as per regulations – Transit contended error of referring to incorrect website so insignificant it would not be appropriate to prevent approval – Peabody applied – Commission unable to accept that providing an incorrect website reference could be described as insignificant, minor or inconsequential – as s.181(2) of FW Act not complied with, Commission not satisfied agreement genuinely agreed to – held that no valid NERR was provided – application dismissed. Transit (NSW) Services P/L t/a Transit Systems
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