FNQ Bus Lines Pty Ltd

[2016] FWCA 552

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
FNQ Bus Lines Pty Ltd
(AG2015/7676)
FNQ BUS LINES PTY LTD ENTERPRISE BARGAINING
AGREEMENT 2016
Passenger vehicle transport (non rail) industry
COMMISSIONER SPENCER	BRISBANE, 1 FEBRUARY 2016

Application for approval of the FNQ Bus Lines Pty Ltd Enterprise Bargaining Agreement

2016.

[1] An application has been made for approval of an enterprise agreement known as the

FNQ Bus Lines Pty Ltd Enterprise Bargaining 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 FNQ Bus Lines Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

7 days after the agreement is approved, that is, 8 February 2016. The nominal expiry date of

the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

FNQ Bus Lines Pty Ltd sought approval for an enterprise agreement under section 185 of the Fair Work Act 2009. The enterprise bargaining agreement in question is the FNQ Bus Lines Pty Ltd Enterprise Bargaining Agreement 2016, which pertains to the passenger vehicle transport (non-rail) industry. The application was made by FNQ Bus Lines Pty Ltd to the Fair Work Commission, with Commissioner Spencer presiding over the matter in Brisbane on 1 February 2016.

The legal issues before the court involved determining whether the enterprise agreement met the criteria set out in sections 186, 187, and 188 of the Act. These sections address the requirements for an enterprise agreement, such as the manner in which it was made, the representation of employees, and the contents of the agreement. The court had to examine if the agreement was made in good faith, whether it was negotiated fairly, and if it complied with the procedural and substantive requirements of the Act.

The Commissioner found that the agreement met all relevant requirements under the Fair Work Act. The agreement was considered to have been made in good faith and followed the appropriate negotiation process. The contents of the agreement were also deemed to be compliant with the Act. As a result, the Commissioner approved the enterprise agreement, which will come into effect on 8 February 2016, as per section 54 of the Act. The nominal expiry date of the agreement is set for 31 December 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established