DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buslink Vivo Pty Ltd
(AG2016/3494)

BUSLINK VIVO ICHTHYS AGREEMENT 2016

Northern Territory
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the Buslink VIVO Ichthys Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Buslink VIVO Ichthys Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Buslink Vivo Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 Transport Workers Union 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.

[6] The Agreement was approved on 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 23 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Buslink Vivo Pty Ltd, sought approval of the Buslink VIVO Ichthys Agreement 2016 from the Fair Work Commission. The agreement was intended to regulate employment terms and conditions for employees who were members of the respondent union, Australian Manufacturing Workers' Union (AMWU). The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including the necessity of the agreement to facilitate the efficient and productive operation of the enterprise, and whether it was in the best interests of the employees.

The Commission examined the content and context of the proposed agreement, considering the specific circumstances of the enterprise, including the nature of the business and the employment relationship. The applicant argued that the agreement was essential for operational efficiency, particularly in managing the workforce to meet the demands of the project. The union, on the other hand, raised concerns about the impact on employee conditions and the extent to which the agreement was in the best interests of the employees. The Commission had to balance these competing interests and assess whether the agreement provided sufficient protections and benefits to the employees while also serving the operational needs of the enterprise.

After careful consideration of the arguments and evidence presented by both parties, the Commission found that the Buslink VIVO Ichthys Agreement 2016 met the statutory criteria for approval. The Commission concluded that the agreement was necessary for the efficient and productive operation of the enterprise and was in the best interests of the employees. The agreement included provisions that adequately addressed the operational requirements and provided fair terms and conditions for the employees, thus satisfying the requirements of the Fair Work Act 2009. The Commission approved the agreement, allowing it to come into effect as intended by the parties.

Buslink Vivo 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