Lc Dyson's Bus Services Pty Ltd T/A Dysons Summary

[2025] FWCA 76

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lc Dyson’s Bus Services Pty Ltd T/A Dysons

(AG2024/4765)

LC DYSONS BUS SERVICES FLEET SERVICES ENTERPRISE AGREEMENT 2024 - 2027

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 JANUARY 2025

Application for approval of the LC Dysons Bus Services Fleet Services Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement to be known as the LC Dysons Bus Services Fleet Services Enterprise Agreement 2024-2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Lc Dyson’s Bus Services Pty Ltd T/A Dysons (Employer). The Agreement is a single enterprise agreement.

NERR issue

There was an issue raised by the Commission with the Employer regarding the provision of the NERR to relevant employees 29 days (as opposed to within 14 days) after notification time. Having regard to the submissions of the Employer provided via email on 7 January 2025, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error. I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

Undertakings

The Employer has provided written undertakings dated 6 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Vehicle Repair, Services and Retail Award 2020) and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2025. The nominal expiry date of the Agreement is 1 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

In the Fair Work Commission, Dysons Bus Services Pty Ltd, trading as Dysons, applied for the approval of the LC Dysons Bus Services Fleet Services Enterprise Agreement 2024-2027. The application was brought under section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the bus services fleet employees, and whether the proposed agreement met the necessary criteria for approval.

The legal issues before the Commission included whether the agreement provided for the mandatory minimum entitlements under the National Employment Standards, whether it allowed for the fair and effective representation of employees, and whether the agreement contained any unfair terms. Additionally, the Commission had to consider whether the agreement was in the public interest, taking into account the potential impact on the economy and the rights of employees.

The Fair Work Commission found that the agreement provided for the mandatory minimum entitlements as required by the National Employment Standards and allowed for fair and effective representation of employees. The Commission determined that the agreement did not contain any unfair terms and was in the public interest, considering the need to balance the rights of employees with the economic implications of the agreement. As such, the Commission approved the LC Dysons Bus Services Fleet Services Enterprise Agreement 2024-2027. The decision was made in the interest of maintaining fair and effective workplace relations within the bus services industry.

Lc Dyson's Bus Services Pty Ltd T/A Dysons

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established