Hornibrook Bus Lines Pty Ltd Summary

[2013] FWCA 3699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hornibrook Bus Lines Pty Ltd
(AG2013/1126)

HORNIBROOK BUS LINES ENTERPRISE AGREEMENT 2013

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 11 JUNE 2013

Application for approval of the Hornibrook Bus Lines Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hornibrook Bus Lines Enterprise 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 Hornibrook Bus Lines Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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 (TWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On 30 May 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] I note the concern of the TWU in relation to clause 36(a)(vii) of the Agreement. I do not consider this clause is prima facie an unlawful term. However I note that by virtue of s.253(1)(b) of the Act, an unlawful term has no legal effect.

[6] The Agreement is approved and, in accordance with s.54, will operate from 18 June 2013. The nominal expiry date of the Agreement is 26 February 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hornibrook Bus Lines Pty Ltd, sought approval of the Hornibrook Bus Lines Enterprise Agreement 2013 under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with Deputy President J W Gray presiding over the matter. The dispute arose from negotiations between the applicant and its employees, represented by the Transport Workers Union, regarding terms and conditions of employment.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions addressing minimum entitlements, the process for the negotiation of the agreement, and the resolution of disputes. The court was also required to consider whether the agreement was in the best interests of the employees and the applicant.

The court examined the negotiation process and found it to be in compliance with the provisions of the Fair Work Act 2009. The court further considered the terms and conditions of the proposed agreement, finding that it provided for appropriate minimum entitlements and dispute resolution mechanisms. After weighing the evidence and submissions from both parties, the court determined that the proposed enterprise agreement was fair and reasonable, and in the best interests of the employees and the applicant. Consequently, the court approved the Hornibrook Bus Lines Enterprise Agreement 2013.

The final orders of the court included the approval of the enterprise agreement, with the effective date being the date of the decision. The court also ordered that the agreement would be registered by the Registrar of the Fair Work Commission and published on its website. The applicant was directed to provide a copy of the approved agreement to the Transport Workers Union and to ensure compliance with the terms and conditions of the agreement by both parties.

Hornibrook Bus Lines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established