DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ivanhoe Bus Company Pty Ltd
(AG2018/6641)

IVANHOE BUS COMPANY P/L ENTERPRISE AGREEMENT 2018

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

Application for approval of the Ivanhoe Bus Company P/L Enterprise Agreement 2018

[1] Ivanhoe Bus Company Pty Ltd has made an application for approval of an enterprise agreement known as the Ivanhoe Bus Company 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

The applicant, Ivanhoe Bus Company P/L, sought approval for the Enterprise Agreement 2018 from the Fair Work Commission. The applicant, a bus transportation company, and the union representing its employees had negotiated and entered into an enterprise agreement. The application for approval was made under the Fair Work Act 2009, which requires that the agreement meets certain criteria, including that it provides for the pay and conditions of the employees in a fair and reasonable manner. The union and the applicant argued that the agreement was fair and reasonable, while other interested parties, including some employees, argued that it was not.

The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. In particular, the Commission had to consider whether the agreement provided for the pay and conditions of the employees in a fair and reasonable manner. The Commission also had to consider whether the agreement had been negotiated in good faith and whether it provided for the proper protection of employees' interests.

In determining whether the agreement was fair and reasonable, the Fair Work Commission considered a range of factors, including the nature of the work, the level of pay and conditions, and the bargaining power of the parties. The Commission found that the agreement provided for fair and reasonable pay and conditions for the employees and that it had been negotiated in good faith. The Commission also found that the agreement provided for the proper protection of employees' interests. Accordingly, the Commission approved the Enterprise Agreement 2018.

The Fair Work Commission approved the Enterprise Agreement 2018 and made orders accordingly. The orders included that the agreement be registered and that it be taken to have effect from the date of the application. The orders also included provisions for the review and variation of the agreement in the future. The applicant and the union were directed to take all necessary steps to give effect to the orders.

Ivanhoe Bus Company 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