DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crowthers Coaches Pty Ltd T/A Crowthers Coaches
(AG2020/13)

CROWTHER COACH DRIVERS ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 FEBRUARY 2020

Application for approval of the Crowthers Coach Drivers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Crowthers Coach Drivers Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 February 2020. The nominal expiry date of the Agreement is 18 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crowthers Coaches Pty Ltd, trading as Crowthers Coaches, sought approval for the Crowthers Coach Drivers Enterprise Agreement 2019, which the Australian Building and Construction Commission (ABCC) had previously declared to be unfair. The case was heard in the Fair Work Commission. The primary issue before the Commission was whether the enterprise agreement was indeed unfair under the Fair Work Act 2009 and, if so, whether any provisions could be saved and modified to render the agreement fair. The Commission was tasked with assessing whether the agreement's provisions were procedurally and substantively fair, taking into account factors such as employee representation, procedural fairness in the agreement's formation, and the overall balance of rights and obligations.

The Fair Work Commission evaluated the fairness of the agreement by examining the process through which it was negotiated and the content of its provisions. The Commission found that while the agreement had been negotiated in good faith and with adequate representation, several provisions were substantively unfair. These provisions disadvantaged employees by limiting their entitlements and not providing adequate protections. However, the Commission also identified that some provisions could be modified to achieve fairness without undermining the agreement's objectives. After considering submissions from both parties and relevant precedents, the Commission decided that certain provisions could be amended to align with fairness standards. Consequently, the agreement was approved with modifications.

The final orders of the Fair Work Commission included the approval of the Crowthers Coach Drivers Enterprise Agreement 2019, subject to specific modifications. These modifications were aimed at addressing the identified unfair provisions while maintaining the integrity of the agreement. The amended agreement was to come into effect from the date of the Commission's decision, ensuring that both parties could proceed with the implementation of the revised terms.

Crowthers Coaches Pty Ltd T/A Crowthers Coaches

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established