DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forest Coach Lines Pty Ltd
(AG2019/4170)

FOREST COACH LINES PASSENGER VEHICLE DRIVERS ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 DECEMBER 2019

Application for approval of the Forest Coach Lines Passenger Vehicle Drivers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Forest Coach Lines Passenger Vehicle Drivers Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the applicant, Forest Coach Lines Pty Ltd, sought the Fair Work Commission's approval of the Forest Coach Lines Passenger Vehicle Drivers Enterprise Agreement 2019. The dispute centred around the terms and conditions outlined in the proposed agreement, specifically addressing the employment of drivers within the company. The matter was heard in the Fair Work Commission, the tribunal responsible for overseeing and regulating employment agreements in Australia.

The primary legal issues that the Commission was required to address included whether the proposed agreement met the statutory requirements set forth in the Fair Work Act 2009 and if the agreement was fair and reasonable in terms of the rights, obligations, and protections it afforded to both the company and its employees. The Commission also needed to assess whether the agreement had been genuinely negotiated between the parties and if it complied with the procedural fairness principles.

Upon reviewing the evidence presented, the Commission determined that the proposed agreement was indeed genuinely negotiated and met the statutory requirements. The Commission found that the agreement was fair and reasonable, providing adequate protections and benefits for the drivers while also ensuring that the company's operational needs were met. The Commission noted that the agreement provided for a structured process for resolving disputes, as well as provisions for minimum working conditions, wages, and other employment-related matters.

As a result, the Fair Work Commission approved the Forest Coach Lines Passenger Vehicle Drivers Enterprise Agreement 2019, thereby resolving the dispute between the parties. The approval of the agreement allows the company and its drivers to proceed under the terms and conditions set forth in the agreement, ensuring a fair and balanced working relationship between the parties.

Forest Coach Lines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established