DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busways Western Australia Pty Ltd
(AG2019/3462)

BUSWAYS WESTERN AUSTRALIA PTY LTD METROPOLITAN BUS DRIVERS ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
COMMISSIONER WILLIAMS	PERTH, 5 NOVEMBER 2019

Application for approval of the Busways Western Australia Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Busways Western Australia Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Busways Western Australia Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Transport Workers' Union of Australia (TWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the TWU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2019. The nominal expiry date of the Agreement is 4 November 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Busways Western Australia Pty Ltd sought approval for the Metropolitan Bus Drivers Enterprise Agreement 2019, which was challenged by several unions and individual employees. The case was heard in the Fair Work Commission, with the unions and employees arguing that the agreement did not comply with certain provisions of the Fair Work Act 2009. The key legal issues revolved around whether the agreement contained provisions that were contrary to the public interest, whether it failed to provide for a fair and reasonable method of determining hours of work and penalty rates, and if it adequately protected employees' entitlements and rights.

The Fair Work Commission found that the agreement did not contravene any public interest considerations. It noted that the agreement provided for clear methods of determining hours of work and penalty rates, which aligned with the requirements of the Act. The Commission also held that the agreement appropriately safeguarded employees' entitlements, including provisions for rest breaks, overtime, and leave. Furthermore, the Commission determined that the agreement's provisions for dispute resolution and employee representation were adequate and complied with the statutory requirements.

Based on the analysis, the Fair Work Commission approved the Busways Western Australia Pty Ltd Metropolitan Bus Drivers Enterprise Agreement 2019. The unions' and employees' challenge was dismissed, and the agreement was registered as compliant with the Fair Work Act 2009. This decision affirmed the importance of enterprise agreements in regulating employment terms and conditions while ensuring that they meet the legislative standards for fairness and reasonableness.

Busways Western Australia 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