LC Dysons Bus Services Pty Ltd Trading AS Dyson Group of Companies

[2025] FWCA 2243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

LC Dysons Bus Services Pty Ltd Trading AS Dyson Group of Companies

(AG2025/2071)

LC DYSONS & DYSONS MZF DRIVER ENTERPRISE AGREEMENT 2025 – 2028

Passenger vehicle transport (non rail) industry
COMMISSIONER REDFORD	MELBOURNE, 10 JULY 2025

Application for approval of the LC Dysons & Dysons MZF Driver Enterprise Agreement 2025 – 2028

An application has been made for approval of an enterprise agreement known as the

LC Dysons & Dysons MZF Driver Enterprise Agreement 2025 – 2028 (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 (Dysons). The Agreement is a single enterprise agreement

Casual employees.

The F17B Declaration filed in support of Dyson’s application indicated that there were 929 employees covered by the agreement at the time of the vote, 839 employees cast a valid vote and 425 voted to approve the agreement. It also indicated that 285 of those employees were casual employees. Taking into account the decision of the Full Bench in Appeal by Kmart Australia Limited & Ors[1] I was concerned that if employees voted in the ballot who were not eligible to vote the outcome may have been affected. In answer to those concerns, Dysons confirmed that all of the casual employees who participated in the vote were eligible to do so, having been rostered to work during the access period. On this basis, I am satisfied that only those employees who were eligible to vote participated in the vote and its outcome was not affected by the inclusion of ineligible employees.

Consideration

Several concerns were raised in relation to whether the agreement satisfied the requirements of ss 186(2)(d) and 205 of the Act. Further information was provided in relation to those concerns and on the basis of that information 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.

The Transport Workers' Union of Australia (TWU) being a bargaining representative for the Agreement, were afforded the opportunity to comment on the response provided on behalf of Dysons in relation to the issues identified by the Commission relating to the application, but did not do so. TWU has given notice under s 183 of the Act that it wants the Agreement to cover it and, in accordance with s 201(2) I note that the Agreement covers the TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

[1] [2019] FWCFB 7599

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LC Dysons Bus Services Pty Ltd, trading as Dyson Group of Companies, applied to the Fair Work Commission for the approval of the LC Dysons & Dysons MZF Driver Enterprise Agreement 2025 – 2028. The dispute centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009 and other relevant legislation. The Fair Work Commission was tasked with determining the application. The legal issues before the Commission involved assessing whether the agreement met the requirements for good faith bargaining, the absence of prohibited content, and compliance with the minimum standards of the National Employment Standards and other applicable awards.

The Commission considered whether the agreement was the product of genuine and good faith bargaining, as required by the Fair Work Act. This involved evaluating the process by which the agreement was negotiated and whether it was done without undue influence or coercion. The Commission also examined whether the agreement contained any prohibited content, such as terms that were contrary to public policy or that failed to provide minimum entitlements. Additionally, the Commission assessed the agreement against the minimum standards set out in the National Employment Standards and relevant awards, ensuring that the terms provided at least the minimum entitlements required by law.

After thorough examination, the Commission found that the agreement was the product of genuine and good faith bargaining and did not contain any prohibited content. The terms of the agreement were also found to be compliant with the minimum standards under the National Employment Standards and applicable awards. The Commission approved the enterprise agreement, recognising its compliance with the relevant legal requirements.

As a result of the approval, the LC Dysons & Dysons MZF Driver Enterprise Agreement 2025 – 2028 is now in effect, governing the employment conditions of drivers employed by LC Dysons Bus Services Pty Ltd, trading as Dyson Group of Companies, for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established