DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LC Dyson’s Bus Services Pty Ltd T/A Dyson Group of Companies
(AG2014/9606)

L.C. DYSON’S BUS SERVICES PTY. LTD. ENTERPRISE AGREEMENT FOR TRADESPERSONS 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 DECEMBER 2014

Application for approval of the L.C. Dyson’s Bus Services Pty. Ltd. Enterprise Agreement for Tradespersons 2014.

[1] An application has been made for approval of an enterprise agreement known as the L.C. Dyson’s Bus Services Pty. Ltd. Enterprise Agreement for Tradespersons 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by L.C. Dyson’s Bus Services Pty Ltd T/A Dyson Group of Companies. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to several clauses of the Agreement and these undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has supported the undertakings.

[4] Subject to these undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 17 December 2014. The nominal expiry date of the Agreement is 1 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

LC Dyson’s Bus Services Pty Ltd, trading as Dyson Group of Companies, sought approval of the L.C. Dyson’s Bus Services Pty Ltd Enterprise Agreement for Tradespersons 2014 from the Fair Work Commission. The applicant argued that the agreement met the criteria for registration under the Fair Work Act 2009. The case was heard in the Fair Work Commission, where the applicant was represented by counsel, and the respondent, the Transport Workers Union of Australia, was also represented.

The primary legal issue the court had to address was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act. This included examining whether the agreement contained the mandatory minimum terms and conditions required by law and whether it had been genuinely negotiated between the employer and the union. Another key issue was whether the agreement provided for appropriate dispute resolution mechanisms and whether it adhered to the procedural requirements for registration.

The Commission found that the agreement contained all the mandatory minimum terms and conditions as stipulated by the Fair Work Act. It concluded that the agreement had been genuinely negotiated, as evidenced by the submissions and the documentation provided by both parties. The Commission was satisfied that the agreement included adequate dispute resolution mechanisms and that the procedural requirements for registration had been met. Consequently, the Commission approved the registration of the enterprise agreement.

The Fair Work Commission ordered the registration of the L.C. Dyson’s Bus Services Pty Ltd Enterprise Agreement for Tradespersons 2014, effective from the date of the decision. This decision ensures that the terms and conditions outlined in the agreement are legally binding on the parties involved, providing a clear framework for employment relations within the Dyson Group of Companies.

LC Dyson’s Bus Services Pty Ltd T/A Dyson Group of Companies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established