DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grant’s Coachlines Pty Ltd
(AG2017/937)

GRANT’S COACHLINES ENTERPRISE AGREEMENT 2016

Passenger vehicle transport (non rail) industry
COMMISSIONER ROE	MELBOURNE, 17 MAY 2017

Application for approval of the Grant’s Coachlines Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Grant’s Coachlines Enterprise 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 Grant’s Coachlines Pty Ltd. 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 was approved on 17 May 2017 and, in accordance with s.54, will operate from 24 May 2017. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Grant’s Coachlines Pty Ltd applied for the Fair Work Commission’s approval of the Grant’s Coachlines Enterprise Agreement 2016. The applicant was a bus service provider, and the agreement involved the working conditions of its employees. The matter was heard by Commissioner Douglas.

The primary issue was whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court needed to assess whether the agreement provided for a fair and reasonable set of terms and conditions for the employees, and whether it had been genuinely agreed upon by the parties.

The Commissioner found that the agreement was fair and reasonable, meeting all the statutory requirements. The application was approved, and the agreement was approved for registration. The Commissioner considered the process by which the agreement was negotiated and the evidence presented by both parties. The Commissioner concluded that the agreement was the result of genuine bargaining and provided for fair and reasonable terms and conditions for the employees.

The Fair Work Commission approved the Grant’s Coachlines Enterprise Agreement 2016 and ordered its registration. The agreement was to take effect from the first day of July 2016.

Grant’s Coachlines 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