DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forest Coach Lines Pty Ltd T/A Forest Coach Lines
(AG2020/3612)

CDC NORTH WEST EMPLOYEES AGREEMENT 2020

Passenger vehicle transport (non rail) industry
COMMISSIONER WILSON	MELBOURNE, 30 DECEMBER 2020

Application for approval of the CDC North West Employees Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CDC North West Employees Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Forest Coach Lines Pty Ltd T/A Forest Coach Lines. 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Forest Coach Lines Pty Ltd, trading as Forest Coach Lines, applied to the Fair Work Commission for approval of the CDC North West Employees Agreement 2020. The agreement was proposed to cover employees employed by the company and its subsidiaries. The application was made under the Fair Work Act 2009, and the dispute centred on whether the proposed agreement met the necessary standards and requirements under the Act.

The legal issues before the Commission included whether the agreement provided for appropriate minimum terms and conditions, including pay and conditions, leave entitlements, and dispute resolution mechanisms. The Commission also considered whether the agreement complied with the good faith bargaining requirements and whether it was likely to lead to improved industrial relations outcomes for the employees and the employer.

In its decision, the Fair Work Commission found that the proposed agreement was in the public interest and met the standards set out in the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and included provisions for dispute resolution that were likely to lead to improved industrial relations outcomes. The Commission was also satisfied that the agreement was the product of good faith bargaining between the parties. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission made an order approving the CDC North West Employees Agreement 2020, which is now a registered agreement under the Fair Work Act. The agreement will apply to employees employed by Forest Coach Lines Pty Ltd and its subsidiaries, and will provide them with fair and reasonable terms and conditions of employment.

Forest Coach Lines Pty Ltd T/A Forest Coach Lines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established