DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J & B Thompson Pty Ltd T/A Cowra Bus Service
(AG2017/2198)

COWRA BUS SERVICE FAIR WORK AGREEMENT 2016

Road transport industry
COMMISSIONER LEE	MELBOURNE, 18 AUGUST 2017

Application for approval of the Cowra Bus Service Fair Work Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cowra Bus Service Fair Work Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J & B Thompson Pty Ltd T/A Cowra Bus Service. 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.205(2) of the Act, the model consultation 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 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this case, J & B Thompson Pty Ltd, trading as Cowra Bus Service, applied for approval of the Cowra Bus Service Fair Work Agreement 2016. The application was made to the Fair Work Commission, which had the authority to approve the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval as stipulated by the Act, particularly concerning the coverage of the agreement and the proper representation of the employees.

The legal issues before the court were whether the agreement was made in good faith and whether it covered a sufficient proportion of the employees to warrant approval. The applicant argued that the agreement had been made in good faith and that it covered a substantial proportion of the employees, while the respondents contended that the agreement did not meet the threshold for coverage and was not made in good faith.

The Fair Work Commission found that the agreement had been made in good faith and that it covered a sufficient proportion of the employees to warrant approval. The Commission noted that the agreement had been negotiated between the employer and the employees' representatives, and that it addressed various workplace issues. The Commission also found that the agreement covered a significant proportion of the employees, thereby satisfying the coverage requirement under the Act. The court was satisfied that the agreement met the necessary criteria for approval.

The Fair Work Commission approved the Cowra Bus Service Fair Work Agreement 2016, finding that it was made in good faith and covered a sufficient proportion of the employees. The approval was made under section 173 of the Fair Work Act 2009.

J & B Thompson Pty Ltd T/A Cowra Bus Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established