DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrity Coach Lines (Aust) Pty Ltd
(AG2017/2308)

INTEGRITY COACH LINES PTY LTD (AUST) DRIVERS ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
COMMISSIONER GREGORY	MELBOURNE, 18 AUGUST 2017

Application for approval of the Integrity Coach Lines Pty Ltd (Aust) Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Integrity Coach Lines Pty Ltd (Aust) Drivers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integrity Coach Lines (Aust) Pty Ltd. 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2017. The nominal expiry date of the Agreement is 17 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Integrity Coach Lines (Aust) Pty Ltd sought approval for the Drivers Enterprise Agreement 2017. The application for approval came before the Commission, with the respondent, the Transport Workers Union of Australia, objecting to certain clauses of the agreement. The Commission was required to determine whether the agreement met the necessary legal requirements for approval and whether it complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the prescribed minimum terms and conditions as required by the Fair Work Act. Additionally, the Commission needed to assess if the agreement had been made in accordance with the procedural requirements outlined in the Act. The Transport Workers Union of Australia raised specific objections regarding certain clauses pertaining to working hours, leave entitlements, and redundancy provisions. The Commission considered these objections in the context of the overall fairness and compliance of the agreement.

The Fair Work Commission found that, despite some objections from the respondent, the agreement largely complied with the prescribed minimum terms and conditions. The Commission determined that the procedural requirements were met, and the agreement was made in good faith. The objections raised by the respondent regarding certain clauses were addressed and resolved in a manner that satisfied the requirements of the Act. Consequently, the Commission approved the Integrity Coach Lines Pty Ltd (Aust) Drivers Enterprise Agreement 2017, finding it to be compliant and fair.

The final orders of the Commission included the approval of the Integrity Coach Lines Pty Ltd (Aust) Drivers Enterprise Agreement 2017, subject to the modifications made by the Commission to address the specific objections raised by the respondent. The approved agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the drivers employed by Integrity Coach Lines (Aust) Pty Ltd.

Integrity Coach Lines (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established