DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hornibrook Group of Companies including Hornibrook Transit Management Pty Ltd and Hornibrook Bus Lines Pty Ltd T/A Hornibrook Buslines
(AG2017/1464)

HORNIBROOK BUS LINES ENTERPRISE AGREEMENT 2016

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JUNE 2017

Application for approval of the Hornibrook Bus Lines Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hornibrook Bus Lines Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hornibrook Group of Companies including Hornibrook Transit Management Pty Ltd and Hornibrook Bus Lines Pty Ltd T/A Hornibrook Buslines. The agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 16 June 2017 and, in accordance with s.54, will operate from 23 June 2017. The nominal expiry date of the Agreement is 26 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, the Hornibrook Group of Companies, sought approval of the Hornibrook Bus Lines Enterprise Agreement 2016 in the Fair Work Commission. The respondents, employees of Hornibrook Bus Lines, contested certain terms of the agreement. The central issue was whether the proposed agreement adequately met the statutory requirements for approval under the Fair Work Act 2009.

The court considered whether the agreement provided for fair and reasonable terms and conditions, particularly regarding pay and conditions for the employees. It was essential to examine if the agreement satisfied the criteria set out in section 234 of the Fair Work Act, which includes ensuring that employees are not disadvantaged by the agreement and that it promotes harmonious, productive, and cooperative workplace relations. The court also evaluated the process by which the agreement was negotiated and the level of employee representation and consultation.

After a thorough review, the Fair Work Commission concluded that the Hornibrook Bus Lines Enterprise Agreement 2016 met the necessary statutory requirements. The court found that the agreement was fair and reasonable, did not disadvantage the employees, and promoted productive workplace relations. The decision was based on the comprehensive negotiation process and adequate employee consultation. The application for approval was subsequently granted.

Hornibrook Group of Companies including Hornibrook Transit Management Pty Ltd and Hornibrook Bus Lines Pty Ltd T/A Hornibrook Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established