DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarks Logan City Bus Service (Qld) Pty Ltd
(AG2018/7047)

CLARKS LOGAN CITY BUS SERVICE BUS DRIVERS AND CLEANERS ENTERPRISE AGREEMENT 2019 - 2023

Passenger vehicle transport (non rail) industry
COMMISSIONER WILSON	MELBOURNE, 8 APRIL 2019

Application for approval of the Clarks Logan City Bus Service Bus Drivers and Cleaners Enterprise Agreement 2019 - 2023.

[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 2019 - 2023 (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 Employer 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 15 April 2019. The nominal expiry date of the Agreement is 8 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Clarks Logan City Bus Service (Qld) Pty Ltd, the applicant, sought approval for the Clarks Logan City Bus Service Bus Drivers and Cleaners Enterprise Agreement 2019-2023. The respondent, the Transport Workers Union of Australia, opposed the application on the grounds that it did not comply with certain provisions of the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, and should be approved.

The primary legal issue before the Commission was whether the Enterprise Agreement met the requirements of section 234 of the Fair Work Act 2009, which sets out the criteria for an agreement to be considered "protected action." The Commission had to determine whether the agreement was free from any undue influence or coercion, and whether it contained terms that were not reasonably necessary to give effect to the purposes of the agreement. Additionally, the Commission had to consider whether the agreement provided for minimum wages and conditions of employment, and whether it included appropriate dispute resolution mechanisms.

The Commission found that the Enterprise Agreement met the requirements of the Fair Work Act 2009. The applicant had demonstrated that the agreement was free from any undue influence or coercion, and that it contained terms that were reasonably necessary to give effect to its purposes. The agreement provided for minimum wages and conditions of employment, and included appropriate dispute resolution mechanisms. The Commission was satisfied that the agreement was fair and reasonable, and approved it.

The Commission's decision was based on a detailed analysis of the evidence presented by both parties. The applicant had provided extensive documentation and evidence to support its application, including the views of its employees and the union. The Commission found that the applicant had demonstrated a genuine effort to consult with the union and its employees, and that the agreement reflected the views of both parties. The Commission also noted that the union had not raised any significant objections to the agreement, and had only made minor suggestions for amendment. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009, and approved it.

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