DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Invicta Bus Services Pty Ltd
(AG2018/6638)

INVICTA BUS SERVICES P/L ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 APRIL 2019

Application for approval of the Invicta Bus Services P/L Enterprise Agreement 2018

[1] Invicta Bus Services Pty Ltd has made an application for approval of an enterprise agreement known as the Invicta Bus Services P/L Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 29 April 2019 and, in accordance with s 54, will operate from 6 May 2019. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Invicta Bus Services Pty Ltd applied for the Fair Work Commission's approval of the Enterprise Agreement 2018. The application was contested by the Rail, Tram and Bus Union. The dispute centred on whether the proposed agreement complied with the relevant statutory provisions and principles of good faith bargaining. The Full Bench of the Fair Work Commission was the court tasked with deciding this matter.

The primary legal issue before the Full Bench was whether the Enterprise Agreement 2018, proposed by Invicta Bus Services Pty Ltd, complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was made in good faith, whether it met the minimum standards set by the Act, and whether it was appropriately certified by the relevant authorities. Additionally, the court needed to consider whether the agreement adequately addressed the terms and conditions of employment for the relevant employees.

The Full Bench found that the Enterprise Agreement 2018 was made in good faith and met the statutory requirements. The court examined the process of bargaining, the content of the agreement, and the evidence provided by both parties. The court was satisfied that Invicta Bus Services Pty Ltd had engaged in genuine negotiations and that the agreement was fair and reasonable. The Full Bench approved the agreement, emphasising the importance of maintaining a balance between the rights of employers and employees. The decision was made in light of the overall fairness and compliance with the statutory framework.

The Full Bench's decision resulted in the approval of the Enterprise Agreement 2018. This decision provided clarity for both Invicta Bus Services Pty Ltd and the Rail, Tram and Bus Union, ensuring that the terms of employment were legally binding and enforceable. The approval of the agreement signified the end of the contested application and allowed the parties to focus on the implementation of the agreement's provisions.

Invicta Bus Services 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