DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Caboolture Bus Lines Pty Ltd
(AG2016/809)

CABOOLTURE BUS LINES EMPLOYEE ENTERPRISE AGREEMENT 2016

Passenger vehicle transport (non rail) industry
COMMISSIONER SPENCER	BRISBANE, 19 APRIL 2016

Application for approval of the Caboolture Bus Lines Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Caboolture Bus Lines Employee Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caboolture Bus Lines Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 26 April 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Caboolture Bus Lines Pty Ltd, an applicant, sought approval of the Caboolture Bus Lines Employee Enterprise Agreement 2016 from the Fair Work Commission. The agreement, which was to be applied to employees who were members of the Bus and Coach Drivers Union, had been the subject of negotiations between the company and the union. The union's primary concern was the terms and conditions of employment for the bus drivers, and particularly the issue of penalty rates for weekend work. The Fair Work Commission was tasked with determining whether the proposed agreement complied with the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the terms of the agreement met the requirements of the Act, including whether the agreement was made in good faith and whether it contained minimum terms and conditions that complied with the safety net provisions. Additionally, the Commission had to consider whether the agreement provided for the fair and equitable treatment of employees, and whether it included provisions that were not detrimental to the employees.

The Fair Work Commission found that the proposed agreement did indeed comply with the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and contained all the prescribed minimum terms and conditions. The penalty rates for weekend work were considered fair and equitable, and the agreement did not include any terms that were detrimental to the employees. The Commission approved the agreement, highlighting the satisfactory nature of the terms negotiated between the parties.

No further orders were made by the Commission as the agreement was approved in its entirety. The approval of the Caboolture Bus Lines Employee Enterprise Agreement 2016 ensures that the terms of employment for the bus drivers are regulated under a legally compliant and fair agreement.

Caboolture Bus Lines 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