DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heyfield Bus Service Pty Ltd T/A Heyfield Bus Service
(AG2015/4841)

HEYFIELD BUS SERVICE ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
COMMISSIONER LEE	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Heyfield Bus Service Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Heyfield Bus Service Enterprise Agreement 2015 (the Agreement). The application was made by Heyfield Bus Service Pty Ltd T/A Heyfield Bus Service pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertaking 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 is approved and, in accordance with s.54 of the Act, will operate from 2 November 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heyfield Bus Service Pty Ltd, trading as Heyfield Bus Service, was the subject of an application for approval of the Heyfield Bus Service Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The primary dispute was whether the agreement met the necessary statutory requirements for approval under the Fair Work Act 2009.

The central legal issues that the Commission was required to decide included whether the agreement provided for minimum terms and conditions of employment, whether it was free from any unlawful content, and whether the process by which the agreement was made complied with the relevant legislative provisions. Specifically, the Commission needed to examine if the agreement was genuinely negotiated and if it met the criteria for simplicity and clarity.

The Commission found that the Heyfield Bus Service Enterprise Agreement 2015 was comprehensive and compliant with the statutory requirements. The agreement contained all the necessary minimum terms and conditions, was free from unlawful content, and had been genuinely negotiated. Furthermore, the process followed in creating the agreement was deemed to be procedurally fair and in compliance with the Fair Work Act 2009. Consequently, the Commission approved the agreement.

In light of the findings, the Fair Work Commission approved the Heyfield Bus Service Enterprise Agreement 2015, confirming its compliance with the statutory requirements. The decision was made based on the agreement meeting all necessary criteria for approval, including its content, negotiation process, and procedural fairness.

Heyfield Bus Service Pty Ltd T/A Heyfield Bus Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established