DECISION

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

Ingleburn Bus Services Pty Ltd T/A Interline Bus
(AG2019/1939)

INTERLINE BUS SERVICE AND TRANSPORT WORKERS UNION OF AUSTRALIA FAIR WORK AGREEMENT 2018

Passenger vehicle transport (non rail) industry
COMMISSIONER HUNT	BRISBANE, 15 JULY 2019

Application for approval of the Interline Bus Service and Transport Workers Union of Australia Fair Work Agreement 2018

[1] Ingleburn Bus Services Pty Ltd T/A Interline Bus (Interline) has applied for approval of an enterprise agreement known as the Interline Bus Service and Transport Workers Union of Australia Fair Work Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with Interline, and as a result, Interline has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the bargaining representatives regarding the undertakings provided by Interline. The Transport Workers’ Union (TWU) has informed the Commission it has no objection to the undertakings.

[3] The views of an employee bargaining agent, Mr Kwan Nguyen, were sought on 2 July 2019 regarding Interline’s written undertakings. No response was received from Mr Nguyen regarding Interline’s written undertakings.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The TWU 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicant, Ingleburn Bus Services Pty Ltd, trading as Interline Bus, applied for the Fair Work Commission's (FWC) approval of the Interline Bus Service and Transport Workers Union of Australia Fair Work Agreement 2018. The union opposed the application, asserting that the agreement did not adequately address the needs of their members. The Fair Work Commission heard and determined the matter.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, provided for genuine bargaining, and contained terms and conditions that were fair and reasonable.

The Commission examined the evidence presented by both parties and found that the agreement was made in good faith and resulted from genuine bargaining. The Commission noted the parties' efforts to reach a consensus on various issues and the union's input into the agreement's provisions. The Commission was satisfied that the agreement's terms and conditions were fair and reasonable, taking into account the specific circumstances of the workplace and the parties' bargaining positions.

Accordingly, the Fair Work Commission approved the Interline Bus Service and Transport Workers Union of Australia Fair Work Agreement 2018. The Commission's decision was based on its determination that the agreement met the statutory criteria for approval under the Fair Work Act 2009. The union's opposition to the application was unsuccessful.

Ingleburn Bus Services Pty Ltd T/A Interline Bus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established