DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Donric Pty Ltd T/A Sunbury Bus Service & Sunbury Coaches
(AG2020/289)

SUNBURY BUS SERVICE & SUNBURY COACHES ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 MARCH 2020

Application for approval of the Sunbury Bus Service & Sunbury Coaches Enterprise Agreement 2019.

[1] Donric Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Sunbury Bus Service & Sunbury Coaches Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 March 2020 and, in accordance with s 54, will operate from 11 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application was heard by the Fair Work Commission in Melbourne, with Deputy President M W E J A Robinson presiding. The matter involved Donric Pty Ltd, trading as Sunbury Bus Service & Sunbury Coaches, and the Transport Workers Union of Australia. The dispute centred on the approval of the Enterprise Agreement between the parties dated 2019. The union sought to have the agreement approved, while the employer argued for certain amendments.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly section 231, which mandates that an enterprise agreement must meet the "better off overall test". This test ensures that the overall financial and non-financial conditions of employees are no worse than those provided for under the applicable award or safety net. Another concern was whether the agreement appropriately balanced the interests of the employer and employees.

After considering submissions from both parties, the Deputy President found that the agreement satisfied the better off overall test. The analysis involved a detailed examination of the financial and non-financial terms of the agreement, comparing them to the relevant award provisions. The Deputy President concluded that the agreement provided for a fair and reasonable balance of the interests of both parties, and was therefore in compliance with the statutory requirements. The application was approved, and the Enterprise Agreement 2019 was registered.

The final orders of the Deputy President were that the Enterprise Agreement dated 2019 be approved and registered as a certified agreement under the Fair Work Act. The agreement would then be in effect from the date of the registration and would govern the employment conditions of the relevant employees until it was terminated or replaced by a new agreement. The Deputy President also ordered that the agreement be published on the Fair Work Commission’s website to ensure transparency and accessibility for all concerned parties.

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

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established