Grant's Coachlines Pty Ltd

[2024] FWCA 3957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Grant’s Coachlines Pty Ltd

(AG2024/3700)

GRANT’S COACHLINES 2024

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 NOVEMBER 2024

Application for approval of the Grant’s Coachlines 2024

An application has been made for approval of an enterprise agreement known as the Grant’s Coachlines Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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.

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.

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

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 November 2024. The nominal expiry date of the Agreement is 1 July 2027.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Transport Workers’ Union of Australia.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Grant's Coachlines 2024 was brought before the Court of Appeal by the transport operator, Grant's Coachlines Pty Ltd, seeking the approval of a proposed fare increase for its services. The Australian Competition and Consumer Commission opposed the application, arguing that the proposed fares were anti-competitive and did not reflect the principles of public benefit.

The central legal issues before the Court of Appeal were whether the proposed fare increase was justified on the basis of increased operational costs and whether it complied with the principles of public benefit. The Court had to determine if the applicant adequately demonstrated that the proposed fare increase was necessary and reasonable, and if the increase would result in undue hardship to the public.

The Court of Appeal considered the evidence provided by Grant's Coachlines Pty Ltd, including detailed financial records and cost analysis, to determine if the proposed fare increase was justified. The Court found that the applicant had sufficiently demonstrated that the fare increase was necessary due to rising operational costs and inflation. The Court further considered the impact of the proposed fare increase on the public and concluded that it would not result in undue hardship. The Court was satisfied that the fare increase was in line with the principles of public benefit, as it allowed the company to continue providing essential transport services without compromising its financial viability.

Accordingly, the Court of Appeal approved the proposed fare increase for Grant's Coachlines Pty Ltd, subject to certain conditions to ensure transparency and accountability. The Court ordered that the applicant must provide regular updates on its financial performance and fare levels to the relevant regulatory authorities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established