DECISION

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

Clarks Logan City Bus Service (Qld) Pty Ltd
(AG2016/1192)

CLARKS LOGAN CITY BUS SERVICE BUS DRIVERS AND CLEANERS ENTERPRISE AGREEMENT 2016

Passenger vehicle transport (non rail) industry
COMMISSIONER SPENCER	BRISBANE, 31 MAY 2016

Application for approval of the Clarks Logan City Bus Service Bus Drivers and Cleaners Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Clarks Logan City Bus Service Bus Drivers and Cleaners 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 Clarks Logan City Bus Service (Qld) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Transport Workers Union (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[3] Written undertakings have been provided by the employer and are attached to the Agreement. The TWU has no objection to the undertakings. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[4] 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.

[5] 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, 7 June 2016. The nominal expiry date shall be 7 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Clarks Logan City Bus Service (Qld) Pty Ltd, which sought approval for the Clarks Logan City Bus Service Bus Drivers and Cleaners Enterprise Agreement 2016. The matter was heard in the Fair Work Commission (FWC). The applicant sought the FWC's approval for the enterprise agreement, which was proposed to cover bus drivers and cleaners employed by the company. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues the FWC needed to decide included whether the agreement was genuinely negotiated, whether it contained the required minimum terms and conditions, and whether it complied with procedural requirements. The applicant argued that the agreement was the result of genuine negotiations, and that it provided for fair and reasonable terms and conditions of employment. The applicant also submitted that the agreement had been properly certified by an independent certifier, and that it contained all the required minimum terms and conditions.

The FWC concluded that the agreement was genuinely negotiated, as evidenced by the extensive bargaining process and the involvement of independent certifiers. The FWC found that the agreement contained all the required minimum terms and conditions and was fair and reasonable. The FWC was satisfied that the procedural requirements had been met, and that the agreement did not have an adverse effect on employees who were not party to the agreement. Accordingly, the FWC approved the enterprise agreement.

The FWC made an order approving the Clarks Logan City Bus Service Bus Drivers and Cleaners Enterprise Agreement 2016, effective from the date of the decision. The applicant was also ordered to take all necessary steps to give effect to the approved agreement, including providing a copy of the agreement to all affected employees. The decision provides clarity on the criteria for approving enterprise agreements and reinforces the importance of genuine negotiations and compliance with procedural requirements.

Clarks Logan City Bus Service (Qld) 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