DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hurstbridge Bus & Coach Pty Ltd T/A Panorama Coaches
(AG2019/3086)

HURSTBRIDGE BUS AND COACH PTY LTD T/A PANORAMA COACHES ENTERPRISE AGREEMENT 2018 - 2021

Passenger vehicle transport (non rail) industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 SEPTEMBER 2019

Application for approval of the Hurstbridge Bus and Coach Pty Ltd t/a Panorama Coaches Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hurstbridge Bus and Coach Pty Ltd t/a Panorama Coaches Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hurstbridge Bus & Coach Pty Ltd T/A Panorama Coaches. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 September 2019 and, in accordance with s.54, will operate from 16 September 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hurstbridge Bus & Coach Pty Ltd, trading as Panorama Coaches, applied to the Fair Work Commission for the approval of the Enterprise Agreement 2018-2021. The dispute arose because some employees of the company objected to the terms of the proposed agreement, which covered various employment conditions such as wages, hours of work, and leave entitlements. The matter was heard by the Fair Work Commission, which had the jurisdiction to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the provisions of the Fair Work Act, particularly sections concerning the protection of employees' rights and the avoidance of unfair dismissal. The Commission had to assess whether the agreement provided fair and reasonable terms, including the provision of minimum entitlements, and whether it allowed for the protection of employees' rights and interests. The Commission also considered whether the agreement was made in good faith and whether it was free from any element of coercion.

In determining the matter, the Commission examined the submissions from both the employer and the objecting employees. It considered the evidence provided regarding the negotiation process and whether the agreement was genuinely negotiated. The Commission also reviewed the specific terms of the agreement to ensure they met the statutory minimum standards and were fair and reasonable. After evaluating the evidence and arguments presented, the Commission concluded that the agreement was made in good faith and provided fair and reasonable terms. The Commission found that the agreement met the statutory requirements and did not disadvantage any employee.

The Fair Work Commission approved the Enterprise Agreement 2018-2021, noting that it provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement was genuinely negotiated and did not contain any terms that were unfair or unreasonable. The approval of the agreement was made under the authority of the Fair Work Act 2009, and the decision was binding on all parties involved.

Hurstbridge Bus & Coach Pty Ltd T/A Panorama Coaches

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established