DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bus & Coach Services Pty Ltd T/A Telford Tours
(AG2017/1890)

TELFORDS TOURS AND COACH AND CHARTER DRIVERS ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
COMMISSIONER MCKINNON	MELBOURNE, 6 JULY 2017

Application for approval of the Telfords Tours and Coach and Charter Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Telfords Tours and Coach and Charter Drivers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bus & Coach Services Pty Ltd T/A Telford Tours. The Agreement is a single enterprise agreement.

[2] The Applicant 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 13 July 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Bus & Coach Services Pty Ltd T/A Telford Tours, applied for the approval of the Telford Tours and Coach and Charter Drivers Enterprise Agreement 2017 under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which is the relevant court in this instance. The dispute centred on whether the proposed enterprise agreement met the necessary requirements under the Act, particularly in relation to the provisions regarding penalty rates and other terms and conditions of employment.

The key legal issues before the Commission involved whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with specific legislative provisions. These included the necessity for the agreement to include a provision allowing employees to opt out of the agreement after a specified period. The Commission also needed to ensure that the agreement did not unfairly disadvantage any party and that it was made in good faith.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. It was noted that the agreement had been negotiated in good faith and that it provided for terms and conditions that were not worse off than those provided by the applicable awards. The Commission also concluded that the agreement included the necessary opt-out provision and that it complied with all relevant legislative requirements. Therefore, the application for approval was granted.

The final orders of the Commission included the approval of the Telford Tours and Coach and Charter Drivers Enterprise Agreement 2017, subject to the terms and conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would have effect from the date of the Commission's decision.

Bus & Coach Services Pty Ltd T/A Telford Tours

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established