B&G Christian Pty Ltd T/A Christians Bus Summary

[2023] FWCA 1002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

B&G Christian Pty Ltd T/A Christians Bus

(AG2023/703)

CHRISTIANS BUS BENDIGO AGREEMENT 2023

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BELL	MELBOURNE, 5 APRIL 2023

Application for approval of the Christians Bus Bendigo Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Christians Bus Bendigo Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, B&G Christian Pty Ltd T/A Christians Bus. The Agreement is a single enterprise agreement.

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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Employer did not notify employees of the time, place and method of voting seven clear days before the commencement of the voting process, nor take all reasonable steps to ensure that employees were provided with or had access to a copy of the Agreement seven clear days prior to the commencement of the vote, as required by s.180(3) and s.180(2) of the Act. Nevertheless, in the circumstances, I am satisfied that these constitute minor procedural or technical errors for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

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.

The Agreement was approved on 5 April 2023 and, in accordance with s.54 of the Act, will operate from 12 April 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

B&G Christian Pty Ltd, trading as Christians Bus, applied to the Fair Work Commission for approval of the Christians Bus Bendigo Agreement 2023. The application centred around the terms of the proposed agreement between the employer and its employees, seeking to establish conditions of employment for staff working in the Bendigo area. The Commission was tasked with determining whether the agreement complied with the relevant industrial relations laws and provided fair and reasonable terms for the employees.

The primary legal issues before the Commission involved assessing whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included evaluating whether the agreement provided for minimum terms as stipulated by the Act, whether it was free from any unfair content, and whether it was certified by an independent certifier. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees it covered.

The Commission found that the proposed agreement met all the necessary criteria for approval. The agreement provided for the minimum terms required by law and was deemed to be free from any unfair content. The independent certifier had also certified that the agreement was appropriate for the employees. The Commission concluded that the agreement was in the best interests of the employees, as it provided fair and reasonable terms of employment. Consequently, the Commission approved the Christians Bus Bendigo Agreement 2023.

In approving the agreement, the Commission made an order that the Christians Bus Bendigo Agreement 2023 be approved as a registered agreement under section 184 of the Fair Work Act 2009. The agreement was to commence on the date of the approval and would remain in effect until the earlier of its expiry or termination in accordance with the Act. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement was legally binding and enforceable.

B&G Christian Pty Ltd T/A Christians Bus

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established