BBL Management Pty Ltd

[2013] FWCA 374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BBL Management Pty Ltd
(AG2013/4322)

BBL MANAGEMENT PTY LTD TRADING AS BERWICK BUS LINES ENTERPRISE AGREEMENT 2012

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 18 JANUARY 2013

Application for approval of the BBL Management Pty Ltd trading as Berwick Bus Lines Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the BBL Management Pty Ltd trading as Berwick Bus Lines Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] 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. As required by s.201(2) I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 25 January 2013. The nominal expiry date of the Agreement is 30 June 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved BBL Management Pty Ltd, trading as Berwick Bus Lines, and its employees, represented by the Transport Workers Union of Australia. The dispute centred around the application for approval of the BBL Management Pty Ltd trading as Berwick Bus Lines Enterprise Agreement 2012. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement, as presented, complied with the requirements of the Fair Work Act. This involved examining if the agreement provided for fair and reasonable terms and conditions, and if it adhered to the process mandated by the Act for the making of such agreements. The Commission had to assess if the agreement had been made in good faith and if it was appropriately certified by the Independent Office of Employee Relations as a genuine enterprise agreement.

The Fair Work Commission found that the enterprise agreement was in compliance with the requirements of the Fair Work Act. The Commission noted that the agreement had been certified as a genuine enterprise agreement and had been made in good faith. It was further determined that the agreement provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that all procedural requirements had been met and that the agreement was appropriate for approval.

The Fair Work Commission approved the BBL Management Pty Ltd trading as Berwick Bus Lines Enterprise Agreement 2012. The decision was made based on the evidence presented that the agreement met all statutory requirements and was in the best interest of the employees and the employer. The approval of the agreement ensures that the terms and conditions for the employees are governed by a legally recognised enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established