Hillsbus Co Pty Ltd T/A Hillsbus Metro Connect, Transport Workers’ Union of Australia Summary

[2022] FWCA 3156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hillsbus Co Pty Ltd T/A Hillsbus Metro Connect, Transport Workers’ Union of Australia

(AG2022/3675)

CDC Dural Depot Drivers Agreement 2022

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 SEPTEMBER 2022

Application for approval of the CDC Dural Depot Drivers Agreement 2022 (Agreement)

An application has been made for approval of an enterprise agreement known as the CDC Dural Depot Drivers Agreement 2022 (Agreement) (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

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.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 September 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Hillsbus Co Pty Ltd, trading as Hillsbus Metro Connect, and the Transport Workers’ Union of Australia, appeared before the Fair Work Commission to seek approval of the CDC Dural Depot Drivers Agreement 2022. The dispute centred on the procedural fairness of the negotiation process and the agreement's contents. The Commission was tasked with ensuring that the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the negotiation process was conducted in good faith and whether the agreement was fair and reasonable. The Transport Workers’ Union of Australia argued that the negotiation process was flawed, with significant procedural irregularities that undermined its fairness. They also contended that certain provisions in the agreement were not fair and reasonable. Conversely, Hillsbus Co Pty Ltd maintained that the negotiation process was conducted properly and that the agreement was fair and reasonable.

The Fair Work Commission considered the evidence presented by both parties and examined the negotiation process and the agreement's provisions. The Commission found that the negotiation process, while not perfect, did not significantly deviate from the principles of procedural fairness. The Commission also assessed the fairness of the agreement's provisions and determined that, overall, the agreement was fair and reasonable. As a result, the Commission approved the CDC Dural Depot Drivers Agreement 2022, finding that it met the statutory criteria for approval.

The Commission's final order was that the CDC Dural Depot Drivers Agreement 2022 be approved and registered. This decision resolved the dispute between the parties, ensuring that the agreement would now form the basis of employment terms and conditions for the drivers covered by the agreement.

Hillsbus Co Pty Ltd T/A Hillsbus Metro Connect, Transport Workers’ Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established