DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LC Dysons Bus Services Pty Ltd T/A Dyson Group of Companies
(AG2017/4312)

2017 L.C. DYSONS BUS SERVICES PTY LTD FLEET SERVICES EBA

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 24 JANUARY 2018

Application for approval of the 2017 L.C. Dysons Bus Services Pty Ltd Fleet Services EBA.

[1] An application has been made for approval of an enterprise agreement known as the 2017 L.C. Dysons Bus Services Pty Ltd Fleet Services EBA (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] 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2018. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Dysons Bus Services Pty Ltd T/A Dyson Group of Companies sought approval for the 2017 L.C. Dysons Bus Services Pty Ltd Fleet Services Enterprise Bargaining Agreement (EBA). The dispute arose between the applicant, Dysons Bus Services, and the unions representing the employees, primarily focusing on the terms and conditions outlined in the proposed EBA. The matter was heard in the Fair Work Commission, which has jurisdiction over enterprise bargaining agreements under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the proposed EBA met the requirements of the Fair Work Act, particularly whether it provided for a safety net of minimum terms and conditions and whether it was in the best interests of the employees. The Commission also needed to determine if the agreement was made in good faith and if it complied with the procedural fairness requirements, including adequate consultation with the relevant unions.

The Fair Work Commission, in its decision, examined the procedural aspects of the agreement, including the consultation process between Dysons Bus Services and the unions. The Commission assessed whether the applicant had engaged in genuine bargaining and whether the unions had been given a fair opportunity to express their views. The Commission also evaluated the substantive terms of the EBA, ensuring that it provided for a safety net of minimum terms and conditions and did not unjustifiably disadvantage the employees. Ultimately, the Commission found that the EBA met the necessary legal standards and was in the best interests of the employees. The Commission approved the EBA, recognising its fairness and compliance with the statutory requirements.

Following the decision, the Fair Work Commission approved the 2017 L.C. Dysons Bus Services Pty Ltd Fleet Services Enterprise Bargaining Agreement, confirming its validity and applicability. The approval ensures that the terms and conditions set out in the EBA will govern the employment relationship between Dysons Bus Services and its employees, providing a legally binding framework for their working conditions.

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