DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buslink Sunraysia Pty Ltd
(AG2019/5161)

BUSLINK SUNRAYSIA BUS DRIVER ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non-rail) industry
COMMISSIONER WILSON	MELBOURNE, 4 FEBRUARY 2020

Application for approval of the Buslink Sunraysia Bus Driver Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Buslink Sunraysia Bus Driver 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 Buslink Sunraysia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Buslink Sunraysia Pty Ltd sought approval of the Buslink Sunraysia Bus Driver Enterprise Agreement 2019. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute arose from negotiations between Buslink Sunraysia and the union representing the drivers, which led to the proposed enterprise agreement. The union argued that the agreement adequately represented the interests of the drivers, while Buslink Sunraysia contested several provisions, particularly those relating to remuneration and working conditions.

The primary legal issues the FWC had to decide included whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for a fair and efficient workplace, and whether it complied with procedural requirements. The FWC also had to assess whether the agreement unfairly disadvantaged any party and if it met the "better off overall test," ensuring that employees were no worse off and at least some were better off financially.

In its decision, the FWC carefully examined the terms of the agreement against the statutory requirements. The FWC found that the agreement generally provided for a fair and efficient workplace and was procedurally sound. The FWC also concluded that the agreement met the better off overall test, as it provided for improvements in conditions and remuneration that outweighed any minor disadvantages. Consequently, the FWC approved the Buslink Sunraysia Bus Driver Enterprise Agreement 2019. This decision was based on the comprehensive benefits provided to the drivers and the overall fairness of the agreement's terms.

Buslink Sunraysia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established