DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B & A Deane Investments Pty Ltd T/A Deane Transport Services
(AG2017/6233)

DEANE TRANSPORT SERVICES COACH AND CHARTER DRIVERS ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 MAY 2018

Application for approval of the Deane Transport Services Coach and Charter Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Deane Transport Services Coach and Charter Drivers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B & A Deane Investments Pty Ltd T/A Deane Transport Services. The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from B & A Deane Investments Pty Ltd T/A Deane Transport Services. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2018. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of B & A Deane Investments Pty Ltd trading as Deane Transport Services, the applicant sought approval of the Deane Transport Services Coach and Charter Drivers Enterprise Agreement 2017. The dispute involved the fairness and appropriateness of the terms of the agreement, which was submitted for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, presided over by Deputy President J. Smith.

The legal issues the court was required to decide centred on whether the agreement met the requirements of the Fair Work Act, particularly in terms of its fairness and whether it contained terms that were in the best interests of the employees. The applicant argued that the agreement was fair and appropriate, while the respondent contended that several provisions were unjust and did not adequately protect the employees' interests.

The Fair Work Commission examined the provisions of the agreement, focusing on the fairness of the terms and conditions of employment. The Commission considered various factors, including the nature of the industry, the bargaining power of the parties, and the provisions of the agreement compared to industry standards. Ultimately, the Commission found that while the agreement contained some provisions that were favourable to the employees, other terms did not adequately address the employees' interests, particularly regarding pay rates and working conditions. Consequently, the Commission determined that the agreement did not meet the fairness test under the Fair Work Act and was not approved.

B & A Deane Investments Pty Ltd T/A Deane Transport Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established