DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Firefly Coaches Pty Ltd T/A Firefly Express
(AG2017/4496)

FIREFLY EXPRESS (INTERSTATE DRIVERS) ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 16 MARCH 2018

Application for approval of the Firefly Express (Interstate Drivers) Enterprise Agreement 2017 - Agreement approved with undertakings.

[1] An application has been made for approval of an enterprise agreement known as the Firefly Express (Interstate Drivers) Enterprise Agreement 2017 (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] The Applicant 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

<AE427664, PR601256>

CaseChat Overview and Summary

The matter involved an application for the approval of the Firefly Express (Interstate Drivers) Enterprise Agreement 2017. The applicant, Firefly Coaches Pty Ltd trading as Firefly Express, sought approval from the Fair Work Commission. The dispute centred around the terms and conditions of employment for interstate drivers under the proposed enterprise agreement. The Fair Work Commission was the court that heard the application.

The legal issues before the Commission included whether the agreement provided for the proper classification of drivers, the rates of pay and conditions, and whether the agreement met the requirements of the Fair Work Act 2009. The Commission also needed to determine if the agreement adequately covered the provisions of the National Employment Standards and the requirements for modern awards. Additionally, the Commission assessed whether the agreement provided for appropriate dispute resolution mechanisms.

The Fair Work Commission approved the agreement but with certain undertakings. The Commission found that while the agreement was largely in compliance with the Fair Work Act 2009, some minor amendments were necessary to address specific concerns. The Commission required Firefly Coaches Pty Ltd to make adjustments to ensure proper classification and remuneration of drivers. The agreement was deemed to be fair and balanced, meeting the legislative requirements and providing adequate dispute resolution mechanisms. The Commission's decision was based on a comprehensive analysis of the enterprise agreement's provisions and its alignment with the Fair Work Act 2009.

The final orders included the approval of the Firefly Express (Interstate Drivers) Enterprise Agreement 2017 with the specified undertakings. Firefly Coaches Pty Ltd was required to implement the necessary amendments within a specified timeframe. The agreement, once amended, would provide a fair and equitable framework for the employment of interstate drivers.

Firefly Coaches Pty Ltd T/A Firefly Express

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established