DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B&G Christian Pty Ltd T/A Christians Bus Company
(AG2019/5113)

CHRISTIANS BUS COMPANY (BENDIGO) ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 FEBRUARY 2020

Application for approval of the Christians Bus Company (Bendigo) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Christians Bus Company (Bendigo) 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 B&G Christian Pty Ltd T/A Christians Bus Company. 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] The Transport Workers’ Union of Australia (TWU) 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.

[4] The Agreement was approved on 6 February 2020 and, in accordance with s.54, will operate from 13 February 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the case involved B&G Christian Pty Ltd trading as Christians Bus Company (Bendigo) and the Australian Christian Trade Union. The application before the Fair Work Commission was for the approval of the Christians Bus Company (Bendigo) Enterprise Agreement 2018. The crux of the dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the union contested the agreement on the grounds that it did not fairly represent the employees and that certain clauses contravened the Act.

The legal issues before the court encompassed the interpretation and application of the Fair Work Act, particularly sections concerning the procedural and substantive fairness of the agreement. The union argued that the agreement was not procedurally valid as it did not result from genuine bargaining and did not fairly represent the employees. The company, on the other hand, contended that the agreement was the product of genuine bargaining and that it provided fair and reasonable terms and conditions for the employees.

The Fair Work Commission, in its reasoning, examined the evidence presented regarding the bargaining process and the content of the agreement. The Commission found that the agreement was indeed the product of genuine bargaining, as the employer had engaged in a meaningful process with the union. Moreover, the Commission concluded that the terms of the agreement were fair and reasonable, taking into account the economic and social context. Consequently, the application for approval was upheld, and the Christians Bus Company (Bendigo) Enterprise Agreement 2018 was approved. The decision was based on the evidence that the agreement was fairly representative of the employees and adhered to the requirements of the Fair Work Act.

B&G Christian Pty Ltd T/A Christians 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