DASAC Pty Ltd T/A Mine Bus Services

[2013] FWCA 5068

FAIR WORK COMMISSION

DECISION

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

DASAC Pty Ltd T/A Mine Bus Services
(AG2013/7245)

MINE BUS SERVICES WHYALLA OPERATIONS ENTERPRISE AGREEMENT 2013

Passenger vehicle transport (non rail) industry
COMMISSIONER STEEL	ADELAIDE, 25 JULY 2013

Application for approval of the Mine Bus Services Whyalla Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mine Bus Services Whyalla Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] Pursuant to s.190 of the Act the parties have provided undertakings in relation to the operation of various clauses to comply with the National Employment Standards. In accordance with s.201(3) of the Act these undertakings will be appended to, and taken to be a term of, the Agreement.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 1 August 2013. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the parties involved in the dispute were DASAC Pty Ltd trading as Mine Bus Services and the Rail, Tram and Bus Union. The matter pertained to an application for the approval of the Mine Bus Services Whyalla Operations Enterprise Agreement 2013. The primary issue before the court was whether the agreement met the criteria for approval as outlined in the Fair Work Act 2009, specifically focusing on whether the agreement was made in the course of genuine negotiations, whether it contained the prescribed minimum terms and conditions, and whether it complied with the requirements for good faith bargaining.

The court examined the evidence presented regarding the negotiation process and concluded that the agreement was indeed made in the course of genuine negotiations. The court found that both parties had engaged in meaningful discussions and had demonstrated a willingness to reach a mutually acceptable agreement. Furthermore, the court determined that the agreement contained the necessary minimum terms and conditions, including provisions on wages, hours of work, and other employment-related matters. The court also considered the good faith bargaining obligations of both parties and found that they had fulfilled their duties under the Act.

Based on the findings, the court approved the Mine Bus Services Whyalla Operations Enterprise Agreement 2013. The decision was made in the belief that the agreement was fair and reasonable, and that it would serve the best interests of the employees and the employer. The approval of the agreement ensures that the terms and conditions of employment for the relevant workers are governed by the provisions outlined in the agreement, providing certainty and stability in their working relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established