DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alex Saundry
(AG2015/7254)

BUSLINK NT PTY LTD AND TRANSPORT WORKERS’ UNION ENTERPRISE AGREEMENT 2015-2019

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 14 JANUARY 2016

Application for approval of the Buslink NT Pty Ltd and Transport Workers’ Union Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Buslink NT and Transport Workers’ Union Enterprise Agreement 2015-2019 (“the Agreement”). The application has been made by Alex Saundry, employer bargaining representative for Buslink NT Pty Ltd (“the employer”), pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] The application was filed more than 14 days after the Agreement was made. Pursuant to s.185(3) of the Act, I am satisfied that it is fair to extend the period for filing the application. Further, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The employer has provided written undertakings addressing miscellaneous matters. The views of the employee bargaining representatives were sought in relation to the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Transport Workers’ Union SA/NT Branch has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is four years thereafter.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case are Buslink NT Pty Ltd, the Transport Workers’ Union, and the Commonwealth of Australia. The dispute concerns the application for the approval of the Buslink NT Pty Ltd and Transport Workers’ Union Agreement 2015-2019 under section 186 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the agreement met the criteria for approval under section 186 of the Fair Work Act. This involved assessing if the agreement was a genuine enterprise agreement, whether it complied with the Act’s provisions, and if it provided for the prompt payment of wages and other entitlements. The court also needed to consider if the agreement provided for appropriate dispute resolution processes.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The court noted that the agreement was genuinely an enterprise agreement, as it was negotiated in good faith and covered terms and conditions of employment for the relevant workforce. The agreement was deemed compliant with the Act’s provisions, including the protection of employee rights and the establishment of a fair and reasonable working environment. The agreement also contained provisions for the prompt payment of wages and other entitlements, which was found to be satisfactory. The court concluded that the agreement provided adequate mechanisms for the resolution of disputes, ensuring that the terms of the agreement could be effectively enforced.

The Fair Work Commission approved the Buslink NT Pty Ltd and Transport Workers’ Union Agreement 2015-2019, thereby resolving the dispute in favour of the applicants. The decision was made on the basis that the agreement fulfilled all necessary statutory requirements and provided for the fair treatment of employees.

Alex Saundry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established