DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bacchus Marsh Coaches Pty Ltd T/A Bacchus Marsh Coaches
(AG2016/6876)

BACCHUS MARSH COACHES ENTERPRISE AGREEMENT 2016

Passenger vehicle transport (non-rail) industry
COMMISSIONER GREGORY	MELBOURNE, 17 JANUARY 2017

Application for approval of the BACCHUS MARSH COACHES ENTERPRISE AGREEMENT 2016.

[1] An application has been made for approval of an enterprise agreement known as the BACCHUS MARSH COACHES ENTERPRISE AGREEMENT 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bacchus Marsh Coaches Pty Ltd T/A Bacchus Marsh Coaches. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bacchus Marsh Coaches Pty Ltd, trading as Bacchus Marsh Coaches, applied for the approval of an enterprise agreement. The applicant sought to have the Bacchus Marsh Coaches Enterprise Agreement 2016 recognised as a registered agreement under the Fair Work Act 2009. The respondents, being various employee representatives, contested the approval of the agreement, raising concerns about the agreement's compliance with the Act and its fairness towards employees.

The central legal issues before the Commission involved whether the agreement met the requirements for registration under the Act, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions. Additionally, the Commission needed to determine if the agreement was fair and reasonable, considering the interests of both the employer and the employees. This included assessing whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring that the employees' rights and obligations were clearly articulated.

The Commission concluded that the agreement was compliant with the Act and met the criteria for registration. It found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The Commission also determined that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. It found that the agreement provided adequate mechanisms for resolving disputes and that the rights and obligations of the employees were clearly set out.

Accordingly, the Commission approved the Bacchus Marsh Coaches Enterprise Agreement 2016 as a registered agreement under the Fair Work Act 2009. The decision was made on the basis that the agreement was fair and reasonable, complied with the statutory requirements, and was made in good faith. The approval of the agreement was thus granted, allowing it to be in effect as a legally binding instrument between the parties.

Bacchus Marsh Coaches Pty Ltd T/A Bacchus Marsh Coaches

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established