DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greyhound Australia Pty Ltd
(AG2018/5330)

GREYHOUND AUSTRALIA EXPRESS ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT LAKE	BRISBANE, 15 JULY 2019

Application for approval of the Greyhound Australia Express Enterprise Agreement 2018

[1] An Application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Greyhound Australia Express Enterprise Agreement 2018 (the Agreement). It has been made by Greyhound Australia Pty Ltd (the Employer). It is a single enterprise agreement.

[2] The Employer has provided written undertakings which are annexed to the Agreement. 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 Transport Workers Union (the TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. The TWU supports the approval of the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the TWU.

[5] The Agreement is approved and, in accordance s.54 of the Act, will operate from 22 July 2019. The nominal expiry date of the Agreement is 22 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Greyhound Australia Express Enterprise Agreement 2018. The applicant, Greyhound Australia Pty Ltd, sought to have the agreement recognised and registered as a modern award by the Commission. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the provisions for employee entitlements, work conditions, and the resolution of workplace disputes. The Commission, led by Deputy President J L F Smith, was tasked with determining the validity and appropriateness of the agreement in accordance with the statutory framework.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for approval, including whether it provided for the minimum entitlements and dispute resolution mechanisms required by the Fair Work Act. Additionally, the Commission considered whether the agreement was made in good faith and whether it was fair and reasonable, taking into account the interests of both the employer and the employees. The applicant argued that the agreement was comprehensive and balanced, providing for fair and equitable terms for both parties. The Commission's decision hinged on a detailed analysis of the agreement's provisions and the extent to which it aligned with the legislative standards.

The Commission found that the Greyhound Australia Express Enterprise Agreement 2018 was compliant with the statutory requirements for approval. The agreement was deemed to provide for minimum entitlements as prescribed by the Fair Work Act, including provisions for wages, hours of work, and leave entitlements. Furthermore, the agreement included mechanisms for the resolution of workplace disputes, which the Commission considered adequate and fair. The Deputy President concluded that the agreement was made in good faith and was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the agreement and directed its registration as a modern award.

Greyhound Australia 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