DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hillsbus Co. Pty Ltd T/A Hillsbus
(AG2019/4632)

CDC DURAL DEPOT DRIVERS AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 JANUARY 2020

Application for approval of the CDC Dural Depot Drivers Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CDC Dural Depot Drivers Agreement 2018 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 January 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Hillsbus Co. Pty Ltd, trading as Hillsbus, applied for the approval of the CDC Dural Depot Drivers Agreement 2018. This agreement aimed to resolve workplace disputes between Hillsbus and its drivers, specifically those working at the Dural Depot. The Fair Work Commission (FWC) had previously certified the agreement, and Hillsbus sought the court's formal approval to enforce the agreement's terms.

The primary legal issue before the court was whether the agreement met the statutory criteria for approval as set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and for the purposes of establishing an industrial arrangement, if it had been genuinely bargained between the parties, and if it was made without any improper conduct. The court also had to consider if the agreement included appropriate mechanisms for the resolution of future disputes.

The court examined the evidence and submissions provided by both Hillsbus and the drivers' representatives. It considered the process by which the agreement was negotiated and the content of the agreement itself. The court found that the agreement was made in good faith and was a genuine attempt to resolve workplace issues. The court also concluded that the negotiation process was fair and that no improper conduct had occurred. Given these findings, the court approved the CDC Dural Depot Drivers Agreement 2018, thereby formalising its enforceability. This decision provided clarity and certainty for both Hillsbus and its drivers, enabling the implementation of the agreed terms.

Hillsbus Co. Pty Ltd T/A Hillsbus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established