DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busways Blacktown Pty Ltd T/A Busways
(AG2016/7203)

BUSWAYS GROUP AND THE TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2015

Passenger vehicle transport (non rail) industry
COMMISSIONER ROE	MELBOURNE, 16 JANUARY 2017

Application for approval of the Busways Group and the Transport Workers’ Union of Australia Fair Work Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Busways Group and the Transport Workers’ Union of Australia Fair Work Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Busways Blacktown Pty Ltd T/A Busways. The Agreement is a single enterprise agreement.

[2] The Applicant 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. 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.

[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 was approved on 16 January 2017 and, in accordance with s.54, will operate from 23 January 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Busways Blacktown Pty Ltd, trading as Busways, sought approval for the Busways Group and the Transport Workers’ Union of Australia Fair Work Agreement 2015 from the Fair Work Commission. The agreement sought to govern the terms and conditions of employment for Busways’ employees. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the procedural requirements of the Act.

The court considered whether the agreement contained provisions that were fair and reasonable and whether it complied with the mandatory requirements of the Act. The court examined the procedural fairness of the agreement, including whether it was the product of genuine bargaining and whether the agreement provided for a modern award and a safety net of minimum terms and conditions. The court also considered whether the agreement contained any unfair terms that would render it unlawful. Ultimately, the court found that the agreement was fair and reasonable and that it complied with the mandatory requirements of the Act.

The Fair Work Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment and met the procedural requirements of the Act. The court found that the agreement was the product of genuine bargaining and contained a modern award and a safety net of minimum terms and conditions. The court also found that the agreement did not contain any unfair terms. The court noted that the agreement provided for a number of benefits for employees, including increased wages and improved conditions of employment. The court concluded that the agreement was fair and reasonable and that it should be approved.

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