DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australia Wide Coaches Pty Ltd
(AG2019/3555)

AUSTRALIA WIDE COACH DRIVERS ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
COMMISSIONER JOHNS	SYDNEY, 21 OCTOBER 2019

Application for approval of the Australia Wide Coach Drivers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australia Wide Coach Drivers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Australia Wide Coaches Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australia Wide Coaches Pty Ltd applied for approval of the Australia Wide Coach Drivers Enterprise Agreement 2019. The application was heard in the Fair Work Commission (FWC). The respondents to the application were various unions and employees, who raised concerns about the proposed agreement's provisions.

The legal issues before the FWC involved whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for minimum wages and conditions, and whether it was made in good faith and without coercion. The unions argued that certain provisions of the agreement did not adequately protect employee entitlements, particularly in relation to overtime and penalty rates.

The FWC examined the evidence presented by both parties and considered the principles of enterprise bargaining and good faith. It found that, while some provisions required modification to better protect employee rights, the overall agreement demonstrated a genuine attempt at enterprise bargaining. The FWC accepted that the agreement could be approved with modifications to ensure compliance with the Act. The court ordered specific changes to the agreement and directed that the modified agreement be registered.

The final orders included the approval of the Australia Wide Coach Drivers Enterprise Agreement 2019, subject to the modifications made by the FWC. These modifications were designed to ensure that the agreement met the legal requirements and adequately protected the employees' rights. The decision highlighted the importance of good faith negotiations and the role of the FWC in overseeing enterprise agreements to ensure they are fair and compliant with the law.

Australia Wide Coaches 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