DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busways Blacktown Pty Ltd T/A Busways
(AG2018/6919)

BUSWAYS GROUP, TRANSPORT WORKERS’ UNION OF AUSTRALIA AND DRIVERS ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
COMMISSIONER JOHNS	MELBOURNE, 20 MAY 2019

Application for approval of the Busways Group, Transport Workers’ Union of Australia and Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Busways Group, Transport Workers’ Union of Australia and Drivers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Busways Blacktown Pty Ltd T/A Busways. 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.

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

[5] The Transport Workers’ Union of Australia (TWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Busways Blacktown Pty Ltd T/A Busways, along with the Transport Workers’ Union of Australia and Drivers, applied for the approval of the Busways Enterprise Agreement 2018. The dispute centred around the terms of this agreement, which was to be applied to the drivers employed by Busways Blacktown. The case was heard in the Fair Work Commission, Australia’s national workplace relations tribunal.

The legal issues the court had to address revolved around whether the agreement met the requirements set out under the Fair Work Act 2009. This included scrutinising if the agreement covered all mandatory topics, whether the agreement was made in good faith, and if it provided for a fair and reasonable process for resolving disputes. Additionally, the court needed to determine if the agreement facilitated a productive workplace relationship and if it adhered to the provisions for modern awards and other instruments.

The Fair Work Commission found that the agreement did meet the necessary requirements under the Fair Work Act. The court was satisfied that the agreement was made in good faith and contained all the mandatory topics as required by law. It also noted that the agreement provided for a fair and reasonable process for resolving disputes and supported productive workplace relations. The court concluded that the agreement was fair and reasonable in all its terms, thereby approving the Busways Enterprise Agreement 2018.

Busways Blacktown Pty Ltd T/A Busways

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established