DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buslines Group Pty Ltd T/A Lithgow Buslines
(AG2015/7196)

BUSLINES GROUP BUS DRIVERS (LITHGOW) ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the Buslines Group Bus Drivers (Lithgow) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Buslines Group Bus Drivers (Lithgow) Enterprise Agreement 2015 (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] 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] 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.

[5] The Agreement was approved on 12 February 2016 and, in accordance with s.54, will operate from 19 February 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Buslines Group Pty Ltd trading as Lithgow Buslines, applied to the Fair Work Commission for approval of the Buslines Group Bus Drivers (Lithgow) Enterprise Agreement 2015. The respondent, the Transport Workers Union of Australia, opposed the application on the grounds that the proposed agreement contained terms that were not fair and reasonable. The dispute was heard in the Fair Work Commission, the body responsible for regulating workplace relations in Australia.

The legal issues before the Commission were whether the terms of the proposed enterprise agreement were fair and reasonable, and if they complied with the relevant legislative framework. The respondent argued that certain provisions in the agreement, particularly those related to working conditions and employee entitlements, did not meet the standard of fairness and reasonableness required by law. The applicant, on the other hand, submitted that the terms of the agreement were fair and reasonable and in line with industry standards.

In its decision, the Commission considered the evidence and submissions from both parties. The Commission found that while some of the provisions in the proposed agreement were acceptable, others did not meet the required standard of fairness and reasonableness. The Commission emphasised the importance of protecting employee rights and ensuring that workplace agreements are fair and equitable. Based on this, the Commission refused to approve the proposed enterprise agreement. The Commission ordered that the application be dismissed and that the parties be directed to negotiate a new enterprise agreement that met the legislative standards.

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