DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J & B Thompson Pty Ltd T/A Cowra Bus Service
(AG2020/1251)

COWRA BUS SERVICES FAIR WORK AGREEMENT 2020

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 19 JUNE 2020

Application for approval of the (Cowra Bus Service) Fair Work Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the (Cowra Bus Service) Fair Work Agreement 2020 (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 Employer 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. The undertakings are taken to be a term of 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, J & B Thompson Pty Ltd, trading as Cowra Bus Service, sought approval of the Fair Work Agreement 2020 from the Fair Work Commission. The respondent, the Transport Workers Union of Australia, objected to the approval on the grounds that the agreement did not adequately provide for the rights and entitlements of the employees. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the Fair Work Agreement 2020 provided for the minimum rights and entitlements of the employees as required under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for fair and reasonable terms and conditions of employment, including minimum wages, leave entitlements, and other benefits.

The Commission found that the Fair Work Agreement 2020 met the statutory requirements for minimum terms and conditions of employment. The agreement provided for a comprehensive set of entitlements, including minimum wages, leave provisions, and other benefits, which were consistent with the Fair Work Act. The Commission also noted that the agreement was the result of good faith negotiations between the parties and reflected the specific circumstances of the workplace. Consequently, the Commission approved the Fair Work Agreement 2020.

The Fair Work Commission approved the Fair Work Agreement 2020, determining that it provided for the minimum rights and entitlements of the employees as required by the Fair Work Act. The Commission's decision upheld the validity of the agreement, which now serves as the basis for the terms and conditions of employment for the workers at J & B Thompson Pty Ltd, trading as Cowra Bus Service.

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