DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bus Queensland Group of Companies T/A Bus Queensland
(AG2017/2144)

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

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 JULY 2017

Application for approval of the Bus Queensland, Transport Workers Union and Bus Queensland Employees’ Enterprise Agreement 2017.

[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 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 Queensland Group of Companies T/A Bus Queensland. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 July 2017 and, in accordance with s.54, will operate from 27 July 2017. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved Bus Queensland Group of Companies trading as Bus Queensland, the Transport Workers Union, and the Bus Queensland Employees' Enterprise Agreement 2017. The parties sought the Fair Work Commission's approval of the enterprise agreement, which regulates employment terms and conditions for employees. The Commission was tasked with determining whether the agreement complied with relevant legislative provisions, particularly ensuring it met the good faith bargaining threshold and did not adversely affect the employees' terms of employment.

The central legal issues addressed by the Commission were whether the agreement had been negotiated in good faith and whether it provided fair and reasonable terms and conditions for the employees. The Commission examined the process of negotiation and the substance of the agreement to ascertain if it met the statutory requirements. It was crucial to ensure that the agreement did not disadvantage employees and adhered to the principles of fairness and equity in industrial relations.

The Fair Work Commission found that the agreement was negotiated in good faith and provided fair and reasonable terms and conditions for the employees. The Commission was satisfied that the process of negotiation was robust and that the agreement addressed the needs of both parties equitably. The Commission highlighted that the agreement did not negatively impact the employees' terms of employment and contained provisions that were consistent with the legislative framework. Consequently, the application for approval was granted, and the Bus Queensland Employees’ Enterprise Agreement 2017 was approved.

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