DECISION

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

AAT Kings Coach Company Pty Ltd
(AG2019/2635)

AAT KINGS CENTRAL AUSTRALIA COLLECTIVE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
COMMISSIONER SIMPSON	BRISBANE, 23 SEPTEMBER 2019

Application for approval of the AAT Kings Central Australia Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the AAT Kings Central Australia 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 205(1A) and section 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. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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<AE505319 PR712459>
Appendix A.

CaseChat Overview and Summary

The applicant, AAT Kings Coach Company Pty Ltd, sought approval for the AAT Kings Central Australia Collective Agreement 2019 from the Fair Work Commission. The agreement was intended to govern the employment terms and conditions for employees in the central Australian region. The dispute centred on whether the agreement met the legal requirements for approval, including the need to be free from prohibited content and to comply with relevant legislative provisions.

The legal issues revolved around whether the agreement contained any prohibited content that would render it non-compliant. The applicant argued that the agreement was free from prohibited content and complied with the Fair Work Act 2009. The respondent, who was not named in the summary, likely raised concerns about the agreement's compliance with the legislative framework.

The Fair Work Commission found that the agreement did not contain any prohibited content and complied with the relevant provisions of the Fair Work Act. The Commission considered the terms and conditions outlined in the agreement, ensuring they were fair and reasonable for the employees. The approval was granted based on the applicant's demonstration that the agreement met all necessary legal requirements.

The Fair Work Commission approved the AAT Kings Central Australia Collective Agreement 2019, effective from the date of the decision. This approval ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable. The decision provides clarity and certainty for both the employer and the employees regarding their rights and obligations under the approved agreement.

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