Ingleburn Bus Service Pty Ltd Summary

[2013] FWCA 381

FAIR WORK COMMISSION

DECISION

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

Ingleburn Bus Service Pty Ltd
(AG2013/4268)

INTERLINE EA AND THE TRANSPORT WORKERS' UNION OF AUSTRALIA FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 JANUARY 2013

Application for approval of the Interline EA and the Transport Workers' Union of Australia Fair Work Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Interline EA and the Transport Workers' Union of Australia Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Transport Workers’ Union of Australia (TWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and will operate from 23 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ingleburn Bus Service Pty Ltd sought approval from the Fair Work Commission for the Interline EA and the Transport Workers' Union of Australia Fair Work Agreement 2012. The dispute arose from negotiations between the applicant and the union concerning the terms and conditions of employment for the applicant's drivers. The applicant argued that the agreement should be approved to ensure fair and reasonable terms for both parties, while the union contended that the agreement was necessary to address the specific needs of the drivers and to provide a fair and equitable workplace.

The court had to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for an enterprise agreement under the Act. This included assessing whether the agreement had been made in good faith, whether it provided for a fair and efficient workplace, and whether it contained terms that were necessary to ensure the efficient and productive operation of the applicant's business.

The Fair Work Commission found that the agreement met the necessary criteria for approval. It held that the agreement was made in good faith and contained terms that were fair and reasonable, including provisions for the drivers' wages, hours of work, and other employment conditions. The Commission noted that the agreement addressed the specific needs of the drivers and provided a fair and equitable workplace. The Commission also found that the agreement contained terms that were necessary to ensure the efficient and productive operation of the applicant's business.

Accordingly, the Commission approved the Interline EA and the Transport Workers' Union of Australia Fair Work Agreement 2012, subject to certain conditions. The applicant was required to provide the union with certain information and to give the union an opportunity to meet and discuss any issues that may arise in the future. The union was also required to provide the applicant with certain information and to give the applicant an opportunity to meet and discuss any issues that may arise in the future. The agreement was to be registered with the Fair Work Commission and would be in effect for a period of five years.

Ingleburn Bus Service Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established