DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Greyhound Australia Pty Ltd
(AG2015/868)

GREYHOUND AUSTRALIA PTY LTD (DRIVERS, CLEANERS AND WORKSHOP) ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 MAY 2015

Application for approval of the Greyhound Australia Pty Ltd (Drivers, Cleaners and Workshop) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Greyhound Australia Pty Ltd (Drivers, Cleaners and Workshop) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Greyhound Australia 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 May 2015 and, in accordance with s.54, will operate from 29 May 2015. The nominal expiry date of the Agreement is 22 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Greyhound Australia Pty Ltd and its employees, specifically drivers, cleaners, and workshop staff. The dispute centred on the approval of the Greyhound Australia Pty Ltd (Drivers, Cleaners and Workshop) Enterprise Agreement 2014. The Commission was tasked with determining whether the agreement met the necessary legal standards and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it provided fair and reasonable terms for the employees. This included examining if the agreement had been genuinely negotiated and if it provided for minimum entitlements, including minimum wages, penalty rates, leave provisions, and other conditions as stipulated by the Act.

The Commission found that the enterprise agreement had been genuinely negotiated and met the requirements of the Fair Work Act. It was concluded that the agreement provided fair and reasonable terms for the employees, taking into account the specific nature of the work performed by drivers, cleaners, and workshop staff. The Commission approved the agreement, recognising its benefits for both the employees and the employer in terms of providing certainty and stability in the workplace.

The Fair Work Commission approved the Greyhound Australia Pty Ltd (Drivers, Cleaners and Workshop) Enterprise Agreement 2014, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable, promoting fair and equitable working conditions for the employees within the specified roles.

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