DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Bus Queensland Group of Companies T/A Bus Queensland
(AG2019/413)

BUS QUEENSLAND, TRANSPORT WORKERS UNION AND BUS QUEENSLAND EMPLOYEES’ ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 28 MARCH 2019

Termination of the Bus Queensland, Transport Workers Union and Bus Queensland Employees Enterprise Agreement 2017.

[1] On 21 February 2019, Bus Queensland Group of Companies applied for the termination of the Bus Queensland, Transport Workers Union and Bus Queensland Employees Enterprise Agreement 2017 (the Agreement), under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Bus Queensland Group of Companies, trading as Bus Queensland, the Transport Workers Union (TWU), and Bus Queensland Employees. The dispute centred around the termination of the Bus Queensland, Transport Workers Union and Bus Queensland Employees Enterprise Agreement 2017. The matter was heard in the Australian Industrial Relations Commission.

The legal issues that the court had to address were primarily concerned with whether the enterprise agreement could be terminated under section 239 of the Fair Work Act 2009. This section allows for the termination of an enterprise agreement if certain conditions are met, including whether the agreement is not suitable or appropriate due to changed circumstances. The court had to determine whether the circumstances had indeed changed and if the termination was justified under the Act. Another key issue was whether the proper procedures were followed in the process of terminating the agreement.

The court examined the evidence presented and considered the arguments from both parties. It found that the circumstances had indeed changed, as evidenced by the financial difficulties faced by Bus Queensland and the broader economic context. The court was satisfied that the decision to terminate the enterprise agreement was made in good faith and was a reasonable step to address the changed circumstances. It also concluded that the proper procedures were followed, including the requirement to provide notice and the opportunity for the parties to negotiate further. Based on these findings, the court upheld the termination of the enterprise agreement, ruling in favour of Bus Queensland.

The final orders included the termination of the Bus Queensland, Transport Workers Union and Bus Queensland Employees Enterprise Agreement 2017, effective from the date specified in the notice of termination. The court's decision provided clarity on the legal framework for terminating enterprise agreements and the standards that must be met to justify such a termination.

Bus Queensland Group of Companies T/A Bus Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established