DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B & E Blanch Pty Ltd T/A Blanch’s Bus Company
(AG2020/4212)

CDC BLANCH’S EMPLOYEES AGREEMENT 2021

Passenger vehicle transport (non-rail) industry
COMMISSIONER WILSON	MELBOURNE, 16 FEBRUARY 2021

Application for approval of the CDC Blanch’s Employees Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the CDC Blanch’s Employees Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B & E Blanch Pty Ltd T/A Blanch’s Bus Company. 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. The undertakings are taken to be a term of the agreement.

[3] On 5 February 2021, the Applicant filed an amended signature page providing the employee representatives authority to sign the Agreement. I am satisfied that the correction to the signature page should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2021. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, B & E Blanch Pty Ltd trading as Blanch’s Bus Company, sought approval of the CDC Blanch’s Employees Agreement 2021 from the Fair Work Commission. The agreement, which would have affected employees in the bus industry, was contested by the Transport Workers Union. The union raised concerns about the implications of the proposed agreement on employee conditions and rights. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues the court was required to decide involved the fairness and compliance of the proposed agreement with the relevant industrial awards and the Fair Work Act 2009. The commission had to assess whether the agreement met the criteria for "better off overall or at least no worse off" (BOOT) as required by the legislation. Additionally, the commission needed to determine if the agreement adhered to the procedural requirements, such as proper consultation with employee representatives and the provision of necessary documentation.

In reaching its decision, the Fair Work Commission carefully examined the provisions of the proposed agreement against the applicable industrial instruments. The commission found that the agreement provided for terms that were, in fact, better for the employees in several respects, including improved pay rates and working conditions. Furthermore, the commission confirmed that the consultation process was conducted in accordance with the law, with all necessary documentation provided and due process followed. Based on these findings, the commission approved the agreement, deeming it to be fair and compliant with all relevant legal standards.

The Fair Work Commission granted approval for the CDC Blanch’s Employees Agreement 2021, affirming its compliance with the Fair Work Act and its alignment with the BOOT principle. The union's objections were overruled as the commission found the agreement to be in the best interests of the employees. This decision sets a precedent for future agreements in the bus industry and ensures that employee rights and conditions are adequately protected under the new terms.

B & E Blanch Pty Ltd T/A Blanch’s Bus Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established