DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busways North Coast Pty Ltd T/A Busways
(AG2017/1649)

BUSWAYS NORTH COAST FAIR WORK AGREEMENT 2017

Passenger vehicle transport (non rail) industry
COMMISSIONER JOHNS	SYDNEY, 30 MAY 2017

Application for approval of the Busways North Coast Fair Work Agreement 2017.

[1] On 11 May 2017 Busways North Coast Pty Ltd T/A Busways (Applicant) made an application for approval of the Busways North Coast Fair Work Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

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

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 June 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Busways North Coast Pty Ltd T/A Busways sought approval of a Fair Work Agreement 2017 from the Fair Work Commission. The applicant, a bus operator, entered into an agreement with several unions representing its employees. The unions argued that the agreement failed to provide adequate protections for employees and sought amendments. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement provided adequate protections for employees, including terms related to pay rates, working conditions, and dispute resolution mechanisms. The unions contended that the agreement did not sufficiently address several concerns, including the classification of drivers, pay rates for new drivers, and the process for resolving disputes. The applicant, on the other hand, argued that the agreement was fair and reasonable and met all legislative requirements.

The Commission found that while the agreement generally met the statutory requirements, there were certain aspects that needed to be amended to better protect the employees. The Commission highlighted that the classification of drivers and the pay rates for new drivers were inadequate and required adjustment. The applicant was given an opportunity to make the necessary amendments to the agreement. Upon submission of the revised agreement, the Commission approved it, finding that it now met all the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Busways North Coast Fair Work Agreement 2017, subject to certain amendments. The applicant was required to make changes to the classification of drivers and the pay rates for new drivers, as well as to address other concerns raised by the unions. The revised agreement was deemed to provide adequate protections for employees and to meet all legislative requirements.

Busways North Coast 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