DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Donric Pty. Ltd. T/A Sunbury Bus Service / Sunbury Coaches
(AG2017/23)

SUNBURY BUS SERVICE & SUNBURY COACHES ENTERPRISE AGREEMENT 2016

Passenger vehicle transport (non rail) industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 20 MARCH 2017

Application for approval of the Sunbury Bus Service & Sunbury Coaches Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sunbury Bus Service & Sunbury Coaches 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 Donric Pty. Ltd. T/A Sunbury Bus Service / Sunbury Coaches. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 was approved on 20 March 2017 and, in accordance with s.54, will operate from 27 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Donric Pty. Ltd., trading as Sunbury Bus Service and Sunbury Coaches, applied for the approval of the Sunbury Bus Service & Sunbury Coaches Enterprise Agreement 2016 before the Fair Work Commission. The applicant sought to have the agreement, which was to apply to the employees of the bus service, recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute involved the procedural fairness and the validity of the agreement, as well as the question of whether the agreement met the requirements set out in the legislation.

The central legal issues before the Commission were whether the agreement had been made in accordance with the procedural fairness requirements outlined in the Act and whether it contained the necessary components and provisions to be considered a valid enterprise agreement. Specifically, the Commission had to determine if the agreement had been genuinely negotiated between the employer and the employees and if it included the minimum mandatory terms as prescribed by the Act. Furthermore, the court needed to consider if the agreement met the statutory requirements for coverage and approval.

The Commission carefully examined the evidence provided and the process through which the agreement was negotiated. It assessed whether the agreement was genuinely negotiated and if the procedural fairness requirements were met. The Commission found that the agreement was indeed negotiated in good faith and that the necessary procedural fairness was observed. Additionally, the agreement was found to include all the mandatory terms required by the Act and to be valid in its coverage and provisions. Therefore, the Commission approved the agreement as a registered enterprise agreement.

The Fair Work Commission approved the Sunbury Bus Service & Sunbury Coaches Enterprise Agreement 2016 as a registered enterprise agreement. The Commission determined that the agreement met all the statutory requirements and was genuinely negotiated in accordance with the principles of procedural fairness. The decision confirmed the validity of the agreement and its compliance with the relevant provisions of the Fair Work Act 2009.

Donric Pty. Ltd. T/A Sunbury Bus Service / Sunbury Coaches

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established