DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ComfortDelGro Cabcharge Pty Ltd T/A Hillsbus Pty Ltd
(AG2015/6334)

HILLSBUS CO. PTY LTD - DURAL DEPOT BUS DRIVERS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 17 DECEMBER 2015

Application for approval of the Hillsbus Co. Pty Ltd - Dural Depot Bus Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hillsbus Co. Pty Ltd - Dural Depot Bus Drivers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by ComfortDelGro Cabcharge Pty Ltd T/A Hillsbus Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 24 December 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

ComfortDelGro Cabcharge Pty Ltd, trading as Hillsbus Pty Ltd, applied to the Fair Work Commission for approval of the Hillsbus Co. Pty Ltd - Dural Depot Bus Drivers Enterprise Agreement 2015. The applicant sought to resolve disputes over the terms of employment for bus drivers at the Dural Depot. The Commission was tasked with determining whether the agreement met the legal standards required for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved the compliance of the enterprise agreement with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission had to assess whether the agreement was made in good faith, whether it covered all necessary aspects of the employment relationship, and whether it complied with the process requirements for approval. Additionally, the Commission needed to consider whether the agreement provided fair and reasonable terms for the employees, without unduly disadvantaging them.

In its decision, the Commission found that the agreement was made in good faith and covered all necessary aspects of the employment relationship. The Commission also determined that the process requirements for approval had been met and that the agreement provided fair and reasonable terms for the employees. Consequently, the Commission approved the Hillsbus Co. Pty Ltd - Dural Depot Bus Drivers Enterprise Agreement 2015, finding it compliant with all statutory requirements under the Fair Work Act.

The Commission's final order was that the enterprise agreement be approved and registered, effective from the date of the decision. This approval ensures that the terms of the agreement are legally binding between the applicant and the bus drivers at the Dural Depot, providing a framework for their employment relationship.

ComfortDelGro Cabcharge Pty Ltd T/A Hillsbus 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