Invicta Bus Services Pty Ltd T/A Invicta Bus Summary

[2014] FWCA 4181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Invicta Bus Services Pty Ltd T/A Invicta Bus
(AG2014/6471)

INVICTA BUS SERVICE WORKSHOP ENTERPRISE AGREEMENT 2014-2017

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 27 JUNE 2014

Application for approval of the Invicta Bus Service Workshop Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Invicta Bus Service Workshop Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Invicta Bus Services Pty Ltd T/A Invicta Bus. The agreement is a single enterprise agreement.

[2] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement was approved on 27 June 2014 and, in accordance with s.54, will operate from 4 July 2014. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Invicta Bus Services Pty Ltd trading as Invicta Bus, the applicant sought approval of the Invicta Bus Service Workshop Enterprise Agreement 2014 - 2017. The application was heard by the Fair Work Commission, a tribunal established under the Fair Work Act 2009, with the primary objective of ensuring fair and equitable employment practices in Australia.

The central legal issue the tribunal had to address was whether the enterprise agreement met the criteria set out in the Fair Work Act, particularly whether it provided for a fair and efficient system for resolving disputes. The applicant argued that the agreement was comprehensive and adhered to the statutory requirements, while no objections were raised by any party, including the employees' representatives.

The tribunal found that the enterprise agreement was well-structured and compliant with the provisions of the Fair Work Act. The agreement included provisions for dispute resolution mechanisms, employee entitlements, and other standard terms of employment. The tribunal acknowledged the absence of objections, which it considered as an endorsement of the agreement's fairness. Therefore, the tribunal approved the enterprise agreement, recognising its alignment with the legislative objectives of providing a balanced and fair system for employment relations.

The tribunal's decision was final and binding, with no orders for costs. The approval of the Invicta Bus Service Workshop Enterprise Agreement 2014 - 2017 was granted, affirming its compliance with the statutory framework and its suitability for implementation.

Invicta Bus Services Pty Ltd T/A Invicta Bus

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established