DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buslines Group Pty Ltd T/A Orange Buslines
(AG2015/6805)

BUSLINES GROUP BUS DRIVERS (ORANGE) ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
COMMISSIONER ROBERTS	SYDNEY, 8 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Buslines Group Bus Drivers (Orange) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Buslines Group Pty Ltd T/A Orange Buslines. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 15 December 2015. The nominal expiry date is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Buslines Group Pty Ltd, trading as Orange Buslines, which sought approval of the Buslines Group Bus Drivers (Orange) Enterprise Agreement 2015. The dispute was heard in the Fair Work Commission of Australia. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the mandatory terms prescribed by the Act, and if it was made in good faith and without coercion.

In examining the agreement, the Commission focused on several key aspects. It assessed whether the agreement provided for minimum wages and conditions, including any variations to those entitlements. The Commission also considered if the agreement adequately covered other mandatory terms, such as leave entitlements, penalty rates, and provisions for dispute resolution. Furthermore, the Commission evaluated whether the agreement was made in good faith and without any form of coercion, which included scrutinising the process by which the agreement was negotiated and whether employees had genuinely participated in the process.

The Commission found that the agreement satisfied all the necessary criteria. It contained all the mandatory terms required by the Act and demonstrated that it was made in good faith without any evidence of coercion. The negotiation process was deemed to be fair and inclusive, with employees actively participating. Consequently, the Commission approved the Buslines Group Bus Drivers (Orange) Enterprise Agreement 2015, determining that it met the statutory requirements for approval.

Buslines Group Pty Ltd T/A Orange Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established