Ingleburn Bus Services Pty Ltd

[2022] FWCA 2141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ingleburn Bus Services Pty Ltd

(AG2022/1854)

Interline Bus Service and Transport Workers Union of Australia Drivers’ Agreement 2021

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 JUNE 2022

Application for approval of the Interline Bus Service and Transport Workers Union of Australia Drivers’ Agreement 2021

Ingleburn Bus Services Pty Ltd has made an application for approval of an enterprise agreement known as the Interline Bus Service and Transport Workers Union of Australia Drivers’ Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Transport Workers' Union of Australia (TWU), a bargaining representative for the Agreement, has given notice under s 183 that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the TWU.

The Agreement was approved on 29 June 2022 and, in accordance with s 54, will operate from 6 July 2022. The nominal expiry date of the Agreement is 29 June 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Ingleburn Bus Services Pty Ltd, the applicant sought approval of the Interline Bus Service and Transport Workers Union of Australia Drivers’ Agreement 2021. The matter was heard in the Fair Work Commission, which is tasked with regulating workplace relations and ensuring compliance with the Fair Work Act 2009. The union and the company aimed to resolve disputes regarding employment terms and conditions through this agreement.

The legal issues before the court encompassed whether the proposed agreement met the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the court had to determine if the agreement was made in good faith, if it was free from any form of coercion or undue influence, and if it provided adequate protections for the employees involved. Furthermore, the court needed to assess if the agreement was beneficial to the employees and whether it adhered to the principles of enterprise bargaining.

The Fair Work Commission examined the evidence provided by both parties and considered the broader context of the industrial relations framework. It concluded that the agreement was indeed made in good faith and did not involve any form of coercion or undue influence. The court found that the agreement was beneficial to the employees as it provided fair terms and conditions of employment. Moreover, the agreement was compliant with the statutory requirements under the Fair Work Act and the Fair Work Regulations. Therefore, the court approved the Interline Bus Service and Transport Workers Union of Australia Drivers’ Agreement 2021.

As a result of the court's decision, the agreement was formally approved, allowing the terms and conditions outlined within it to become legally binding for the employees and the employer. This outcome ensures that both parties are operating within the legal framework established by the Fair Work Act and related regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established