DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Bus Build Pty Ltd
(AG2016/5371)

BRISBANE BUS BUILD PTY LTD ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the Brisbane Bus Build Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Bus Build Pty Ltd 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 Brisbane Bus Build Pty Ltd. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brisbane Bus Build Pty Ltd applied for the approval of the Brisbane Bus Build Pty Ltd Enterprise Agreement 2016 before the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the proposed enterprise agreement. The application was opposed by the Queensland Teachers' Union, who raised concerns about various provisions in the agreement.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009, including the provisions for good faith bargaining, the process for agreement formation, and the protections afforded to employees. The Commission had to determine whether the agreement met the necessary criteria for approval, including whether it was made in good faith and whether it provided for a fair and efficient method of determining terms and conditions of employment.

In considering these issues, the Commission examined the evidence and submissions from both parties. It found that the agreement had been made in good faith and was in compliance with the statutory requirements. The Commission also concluded that the agreement provided for a fair and efficient method of determining terms and conditions of employment and did not unfairly discriminate against any class of employees. Consequently, the Commission approved the Brisbane Bus Build Pty Ltd Enterprise Agreement 2016. The Queensland Teachers' Union's objections were dismissed, and the agreement was approved as meeting the necessary criteria under the Fair Work Act 2009.

Brisbane Bus Build Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established