DECISION

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

AAT Kings Coach Company Pty Ltd
(AG2019/1149)

AAT KINGS DARWIN DRIVER GUIDE COLLECTIVE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
COMMISSIONER SIMPSON	BRISBANE, 9 JULY 2019

Application for approval of the AAT Kings Darwin Driver Guide Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the AAT Kings Darwin Driver Guide Collective Agreement 2019 (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.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] The Individual Flexibility Arrangement and Consultation terms at clauses 5 and 6 of the Agreement are inconsistent with section 203 and 145A of the Act. The model terms are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2019. The nominal expiry date of the Agreement is 30 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, AAT Kings Coach Company Pty Ltd, sought approval for the AAT Kings Darwin Driver Guide Collective Agreement 2019. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009, including provisions relating to the bargaining process and the content of the agreement. The parties involved were the applicant company and the Australian Federation of Trade Unions (ACTU) on behalf of the drivers and guides.

The primary legal issues before the Commission were whether the agreement had been made in good faith and whether it contained provisions that were contrary to public policy or contrary to the principles of the safety net. The Commission examined the bargaining process to determine if it was conducted in a manner that was genuine and free from coercion or undue influence. Additionally, the content of the agreement was scrutinized to ensure it complied with the legislative requirements and did not undermine the minimum standards set by the Act.

The Commission found that the bargaining process was conducted in good faith and that there were no procedural irregularities. The content of the agreement was also considered to be in line with the legislative requirements, with no provisions identified that were contrary to public policy or the safety net principles. The Commission concluded that the agreement was made in accordance with the Fair Work Act and approved the application for the AAT Kings Darwin Driver Guide Collective Agreement 2019.

The Commission's final orders included the approval of the AAT Kings Darwin Driver Guide Collective Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms and conditions. The decision provided clarity and legal certainty for the employer and the employees covered by the agreement.

AAT Kings Coach Company Pty Ltd

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established