DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Driver Group Australia Pty Ltd T/A Driver Bus Lines, Driver Coastal, Gray Line, Great Sights
(AG2018/1470)

DRIVER GROUP AUSTRALIA MAINTENANCE ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 AUGUST 2018

Application for approval of the Driver Group Australia Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Driver Group Australia Maintenance Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Driver Group Australia Pty Ltd T/A Driver Bus Lines, Driver Coastal, Gray Line, Great Sights. The agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 14 August 2018 and, in accordance with s.54, will operate from 21 August 2018. The nominal expiry date of the Agreement is 14 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Driver Group Australia Pty Ltd, trading as Driver Bus Lines, Driver Coastal, Gray Line, and Great Sights, applied for the approval of the Driver Group Australia Maintenance Enterprise Agreement 2018. The dispute arose between the employer and its employees, who are represented by the Australian Bus & Coach Council (AB&CC). The matter was heard and determined by the Commission, with Deputy President A. M. O’Donnell presiding. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant statutory requirements, including fairness and coverage provisions. The Commission needed to assess whether the agreement was fair and appropriate in terms of its provisions, and whether it adequately covered the intended employees.

The Commission examined the fairness and appropriateness of the agreement, considering the nature of the bargaining process and the extent to which the agreement reflected the terms and conditions of employment for the employees. The Commission also considered the coverage provisions of the agreement, ensuring that it encompassed the intended employee group without unfairly excluding any employees. After thorough consideration of the arguments presented by both parties, the Commission found that the agreement was fair and appropriate, and covered the intended employees. The Deputy President concluded that the agreement met the statutory requirements for approval and did not contain any provisions that were contrary to public policy.

As a result, the Fair Work Commission approved the Driver Group Australia Maintenance Enterprise Agreement 2018. The Deputy President ordered that the agreement be registered and made effective from the date of the decision. The approval of the agreement ensures that the terms and conditions of employment for the employees are governed by the agreed-upon provisions, providing a stable and predictable framework for the employer and employees to operate within. The decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements for approval and adequately cover the intended employees.

Driver Group Australia Pty Ltd T/A Driver Bus Lines, Driver Coastal, Gray Line, Great Sights

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established