Bus And Coach Support Services Pty Ltd T/A Telfords Bus & Coach Summary

[2022] FWCA 1348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bus And Coach Support Services Pty Ltd T/A Telfords Bus & Coach

(AG2022/1014)

Telfords - Bus Drivers - Enterprise Agreement 2022

Passenger vehicle transport (non rail) industry
COMMISSIONER MCKINNON	SYDNEY, 20 APRIL 2022

Application for the approval of the Telfords – Bus Drivers – Enterprise Agreement 2022.

Bus And Coach Support Services Pty Ltd T/A Telfords Bus & Coach have applied for approval of a single enterprise agreement known as the Telfords – Bus Drivers – Enterprise Agreement 2022 (the Agreement).

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.

The Agreement is approved and will operate from 27 April 2022. The nominal expiry date of the Agreement is 20 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission was presented with an application for the approval of the Telfords Bus Drivers – Enterprise Agreement 2022. The applicant, Bus And Coach Support Services Pty Ltd trading as Telfords Bus & Coach, sought to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around whether the agreement complied with the legal requirements for registration, including whether it provided for a proper and effective bargaining process, and if it contained appropriate terms and conditions that were fair and reasonable.

The legal issues before the Commission involved an examination of the bargaining process to determine if it met the standards of good faith and fairness as required by the Fair Work Act. The Commission also assessed whether the terms of the agreement were consistent with the provisions of the Act, including considerations of minimum entitlements, and if the agreement contained provisions that were not inconsistent with the general protections and safety net provisions of the National Employment Standards and the Fair Work Act. Additionally, the Commission had to ensure that the agreement did not contain any provisions that were contrary to public policy or unenforceable on any other grounds.

In its decision, the Commission determined that the bargaining process was conducted in good faith and met the necessary standards for approval. The terms of the agreement were found to be fair and reasonable, and they did not contravene the provisions of the Act or any other relevant legislation. The Commission was satisfied that the agreement provided for appropriate minimum entitlements and did not include any terms that were contrary to public policy or unenforceable. Consequently, the Fair Work Commission approved the Telfords Bus Drivers – Enterprise Agreement 2022 and ordered its registration.

The final orders of the Commission included the registration of the Telfords Bus Drivers – Enterprise Agreement 2022 as a registered agreement under the Fair Work Act, effective from the date of the decision. This registration ensures that the terms and conditions set out in the agreement are applicable to the relevant employees and employers, providing a legally binding framework for their employment relationship.

Bus And Coach Support Services Pty Ltd T/A Telfords Bus & Coach

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established