Busways Blacktown Pty Ltd and others T/As Busways Group (Sydney)

[2013] FWCA 2849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busways Blacktown Pty Ltd and others T/AS Busways Group (Sydney)
(AG2013/5505)

BUSWAYS GROUP (SYDNEY) AND THE TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2012

Road transport industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 8 MAY 2013

Busways Group (Sydney) and the Transport Workers’ Union of Australia Fair Work Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Busways Group (Sydney) and the Transport Workers’ Union of Australia Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Busways Blacktown Pty Ltd and others trading as Busways group (Sydney). The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 15 May 2013. The nominal expiry date of the Agreement 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Busways Blacktown Pty Ltd and others trading as Busways Group (Sydney), the Fair Work Commission was called upon to interpret and apply the terms of the Transport Workers’ Union of Australia Fair Work Agreement 2012. This dispute arose when the union contested changes proposed by Busways Group to the existing agreement, specifically relating to the implementation of new rostering arrangements. The union argued that these changes would negatively impact the employees' working conditions and entitlements, whereas Busways Group maintained that the alterations were necessary for operational efficiency.

The central legal issue before the commission was whether the proposed changes to the rostering arrangements constituted a "change" under the Fair Work Act 2009, which would require the union to be involved in negotiations. Additionally, the commission needed to determine whether the changes were reasonable and justifiable under the relevant provisions of the Fair Work Act and the Fair Work Agreement. This involved a detailed analysis of the current agreement's terms and the implications of the proposed changes on employee conditions.

The Fair Work Commission found that the proposed changes to the rostering arrangements did indeed constitute a change under the Fair Work Act, necessitating negotiations with the union. The commission further examined the reasonableness of the changes, considering the operational needs of Busways Group and the potential impact on employees. Ultimately, the commission concluded that the changes, while necessary for operational purposes, were not reasonable given the potential adverse effects on employee conditions. The commission ordered Busways Group to enter into negotiations with the union to reach a mutually acceptable agreement, thereby ensuring that any changes to the rostering arrangements were fair and balanced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established