DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BTI Pty Ltd T/A Skybus
(AG2019/1804)

SKYBUS (HOBART) ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
COMMISSIONER WILSON	MELBOURNE, 30 JULY 2019

Application for approval of the SkyBus (Hobart) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the SkyBus (Hobart) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BTI Pty Ltd T/A Skybus. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2019. The nominal expiry date of the Agreement is 30 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, BTI Pty Ltd trading as SkyBus, sought approval of the SkyBus (Hobart) Enterprise Agreement 2019 from the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees under the agreement, which SkyBus claimed should be approved as it was made in good faith and with proper consultation. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issue before the Commission was whether the Enterprise Agreement was made in accordance with the requirements of the Fair Work Act 2009, specifically whether it was made in good faith and with proper consultation. The applicant argued that the agreement was the result of genuine and meaningful negotiations, and that the necessary consultation processes were followed. The Commission had to assess the evidence presented by both parties to determine if the agreement met the statutory requirements.

In assessing the evidence, the Commission found that the agreement was indeed made in good faith and that proper consultation processes were undertaken. The applicant demonstrated that it had engaged in meaningful negotiations with the relevant employee representatives and that the agreement reflected a fair and reasonable outcome for both parties. The Commission concluded that the applicant had met its burden of proof and approved the Enterprise Agreement.

The Fair Work Commission approved the SkyBus (Hobart) Enterprise Agreement 2019, finding that it was made in good faith and with proper consultation. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was the result of genuine negotiations and that the necessary consultation processes were followed.

BTI Pty Ltd T/A Skybus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established