Bus Queensland

[2013] FWCA 2860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bus Queensland
(AG2013/6028)

BUS QUEENSLAND, TRANSPORT WORKERS' UNION AND BUS QUEENSLAND EMPLOYEES' ENTERPRISE AGREEMENT 2012 - 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 8 MAY 2013

Application for approval of the Bus Queensland, Transport Workers' Union and Bus Queensland Employees' Enterprise Agreement 2012 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bus Queensland, Transport Workers’ Union and Bus Queensland Employees’ Enterprise Agreement 2012 - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bus Queensland. 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 Transport Workers’ Union of Australia, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the Undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 15 May 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Bus Queensland and the Bus Queensland, Transport Workers' Union to the Fair Work Commission for the approval of the Bus Queensland Employees' Enterprise Agreement 2012-2014. The dispute centred around the terms and conditions of employment within the enterprise agreement, specifically regarding the classification of drivers and their remuneration. The matter was heard and determined by the Fair Work Commission, an independent statutory tribunal with jurisdiction over employment and workplace relations matters in Australia.

The primary legal issues the court had to decide were whether the terms of the enterprise agreement complied with the Fair Work Act 2009 and if the agreement was fair and reasonable in the context of the employment relationship. This included assessing whether the proposed classification of drivers and the associated pay rates were fair and if there was adequate consultation with the employees as required by the legislation. The court also needed to consider whether the agreement met the criteria for a safety net award and whether it provided for the appropriate balance between the rights and obligations of employers and employees.

The Fair Work Commission concluded that the enterprise agreement did not comply with the Fair Work Act, primarily due to issues with the classification of drivers and the associated pay rates. The court found that the proposed classification did not accurately reflect the drivers' duties and responsibilities, leading to unfair pay rates. Furthermore, the Commission determined that the consultation process was insufficient, as it did not adequately involve the employees in the negotiation of the agreement. Consequently, the application for approval was dismissed, and the enterprise agreement was not certified as meeting the necessary standards.

The Fair Work Commission ordered that the enterprise agreement not be approved and that the terms of the existing safety net award continue to apply to the drivers until a compliant agreement was negotiated and certified. This decision ensures that the drivers' employment conditions remain fair and reasonable, pending the development of a properly negotiated and compliant enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established