DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LC Dysons Bus Services Pty Ltd T/A Dyson Group of Companies
(AG2019/1369)

LC DYSONS BUS SERVICES PTY LTD DRIVER ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non-rail) industry
COMMISSIONER YILMAZ	MELBOURNE, 26 JULY 2019

Application for approval of the LC Dysons Bus Services Pty Ltd Driver Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the LC Dysons Bus Services Pty Ltd Driver Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LC Dysons Bus Services Pty Ltd T/A Dyson Group of Companies. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 2 August 2019. The nominal expiry date of the Agreement is 1 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were LC Dysons Bus Services Pty Ltd, trading as the Dyson Group of Companies, and the Fair Work Commission. The dispute was centred around the application for approval of the LC Dysons Bus Services Pty Ltd Driver Enterprise Agreement 2018. The court hearing took place in the Fair Work Commission.

The primary legal issues that the court was required to decide were whether the Driver Enterprise Agreement 2018 met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, whether it contained the minimum terms and conditions required by law, and if it complied with any relevant minimum standards. Furthermore, the court had to assess if the agreement had been properly negotiated and if it was fair and reasonable.

In reaching its decision, the court considered the submissions and evidence presented by both parties. It examined the terms and conditions of the agreement, as well as the bargaining process that led to its creation. The court found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. It also determined that the agreement was fair and reasonable, and that the bargaining process was appropriate. Consequently, the court approved the Driver Enterprise Agreement 2018.

As a result of the court's decision, the Driver Enterprise Agreement 2018 was approved, and the Fair Work Commission determined that it was in compliance with the Fair Work Act 2009. This decision ensured that the agreement would govern the employment relationship between LC Dysons Bus Services Pty Ltd and its drivers, providing a legally binding framework for their working conditions and terms of employment.

LC Dysons 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