Greyhound Australia Pty Ltd

Case [2015] FWCA 3078


[2015] FWCA 3078
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Greyhound Australia Pty Ltd
(AG2015/808)

GREYHOUND AUSTRALIA PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Passenger vehicle transport (non rail) industry

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 4 MAY 2015

Application for approval of the Greyhound Australia Pty Ltd Wheatstone Project Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Greyhound Australia Pty Ltd Wheatstone Project Agreement 2013 (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] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 4 May 2015 and, in accordance with s.54, will operate from 11 May 2015. The nominal expiry date of the Agreement is 4 May 2019.

DEPUTY PRESIDENT

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Details
AGLC
Greyhound Australia Pty Ltd [2015] FWCA 3078
Case
[2015] FWCA 3078
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Greyhound Australia Pty Ltd for approval of the Greyhound Australia Pty Ltd Wheatstone Project Enterprise Agreement 2013. The dispute centred around the proposed enterprise agreement which was intended to govern the employment conditions of the company's employees. The application was heard and determined by the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was made in good faith and if it contained the necessary provisions to protect employees' interests, including minimum wages and conditions. The Commission also needed to assess whether the agreement provided for a proper process for the resolution of workplace disputes.

In determining the matter, the Commission undertook a detailed examination of the proposed agreement, considering submissions from both Greyhound Australia and the employees' representatives. The Commission found that the agreement was made in good faith and contained all the necessary provisions to protect employees' interests. The Commission also concluded that the agreement provided for an effective process for the resolution of workplace disputes. Based on these findings, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Greyhound Australia Pty Ltd Wheatstone Project Enterprise Agreement 2013, determining that it met the criteria for approval under the Fair Work Act 2009. The decision confirms the importance of ensuring that enterprise agreements are made in good faith and provide for the fair treatment of employees. The approval of the agreement provides certainty for both the company and its employees, and establishes a framework for the resolution of any future workplace disputes.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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