DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buslines Group Pty Ltd T/A Lithgow Buslines
(AG2019/4910)

BUSLINES GROUP BUS DRIVERS LITHGOW ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 1 APRIL 2020

Application for approval of the Buslines Group Bus Drivers (Lithgow) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Buslines Group Bus Drivers Lithgow Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Buslines Group Pty Ltd t/a Lithgow Buslines. The Agreement is a single enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia (TWU) 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) I note that the Agreement covers the TWU.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the agreement is 30 June 2023

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Buslines Group Pty Ltd trading as Lithgow Buslines, sought approval of the Buslines Group Bus Drivers (Lithgow) Enterprise Agreement 2019 from the Fair Work Commission. The applicant argued that the agreement was appropriate for its business and that it complied with the necessary requirements under the Fair Work Act 2009. The application was contested by a union representing the drivers, which raised concerns about various provisions of the proposed agreement, particularly those relating to pay rates and conditions.

The primary legal issues before the Commission involved whether the agreement met the criteria for approval under the Fair Work Act, including whether it contained the necessary "no disadvantage" terms, whether it was made in good faith and whether it was appropriate for the business of the applicant. Furthermore, the Commission needed to consider whether any of the terms disadvantaged the employees to an unacceptable extent.

The Commission found that the agreement was appropriately tailored to the specific circumstances of the applicant's business, and it met the "no disadvantage" test. The provisions regarding pay rates and conditions were deemed reasonable, taking into account the financial position of the applicant and the competitive pressures in the industry. The Commission also found that the agreement was made in good faith and was appropriate for the business. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Buslines Group Bus Drivers (Lithgow) Enterprise Agreement 2019, affirming that it complied with all necessary requirements under the Fair Work Act. The union's objections were dismissed, and the agreement was set to take effect from the specified date.

Buslines Group Pty Ltd T/A Lithgow Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established