DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Transit Group Pty Ltd T/A Buswest Geraldton
(AG2018/3632)

ATG GERALDTON ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
COMMISSIONER CIRKOVIC	MELBOURNE, 21 DECEMBER 2018

Application for approval of the ATG Geraldton Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ATG Geraldton Enterprise 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 Australian Transit Group Pty Ltd T/A Buswest Geraldton. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 17 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Australian Transit Group Pty Ltd trading as Buswest Geraldton, the company sought approval for the ATG Geraldton Enterprise Agreement 2018 from the Fair Work Commission. The dispute centred on the fairness and reasonableness of the proposed agreement, which outlined terms and conditions for employees of Buswest Geraldton. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement was procedurally and substantively fair and reasonable. The Commission needed to assess whether the agreement was genuinely negotiated between the employer and employees, and if it provided for appropriate terms and conditions of employment. Key considerations included whether the agreement complied with the procedural fairness requirements and whether it met the minimum standards prescribed by the Fair Work Act.

The Commission found that the agreement had been fairly and genuinely negotiated, with appropriate employee representation and meaningful consultation. The agreement contained terms that were not less favourable than the relevant minimum awards and met the minimum standards set out in the Fair Work Act. The Commission also noted that the agreement included provisions for dispute resolution, which were seen as an integral part of ensuring procedural fairness. Given these findings, the Commission determined that the agreement was procedurally and substantively fair and reasonable.

Consequently, the Fair Work Commission approved the ATG Geraldton Enterprise Agreement 2018, finding that it met all the necessary statutory requirements. The approval ensures that the terms and conditions of employment for the employees of Buswest Geraldton are governed by the provisions of this agreement, subject to the protections and rights provided under the Fair Work Act.

Australian Transit Group Pty Ltd T/A Buswest Geraldton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established