DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AAT Kings Coach Company Pty Ltd
(AG2019/96)

AAT KINGS COLLECTIVE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2019

Application for approval of the AAT Kings Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AAT Kings Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AAT Kings Coach Company 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.

[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 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AAT Kings Coach Company Pty Ltd applied to the Fair Work Commission for approval of the AAT Kings Collective Agreement 2018. The application was made by the company and the union, and the dispute concerned the terms and conditions of employment for the company’s employees. The Fair Work Commission was required to decide whether the agreement complied with the Fair Work Act 2009 and if it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement met the requirements for a modern award, whether it provided for adequate pay and conditions, and if it allowed for proper consultation between the parties. The Commission examined the provisions of the agreement and considered submissions from both the company and the union. The Commission found that the agreement was compliant with the Act and provided for fair and reasonable terms and conditions for the employees.

After careful consideration, the Commission approved the AAT Kings Collective Agreement 2018, finding it to be in the best interests of the employees. The agreement was deemed to provide for adequate pay and conditions, as well as proper consultation mechanisms. The Commission considered that the agreement met the requirements of a modern award and was fair and reasonable. The approval of the agreement ensures that the employees of AAT Kings Coach Company Pty Ltd will benefit from a legally binding and fair set of employment terms and conditions.

AAT Kings Coach Company 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