DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Linq Buslines Pty Ltd
(AG2015/6826)

LINQ BUSLINES PASSENGER VEHICLE DRIVERS ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
COMMISSIONER ROBERTS	HOBART, 18 DECEMBER 2015

Application for approval of the Linq Buslines Passenger Vehicle Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Linq Buslines Passenger Vehicle Drivers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Linq Buslines Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] On 17 December 2015 an undertaking was provided by the Company in relation to clause 29 (Annual Leave) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 December 2015. The nominal expiry date is 30 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Linq Buslines Pty Ltd sought approval of the Linq Buslines Passenger Vehicle Drivers Enterprise Agreement 2015. The applicant argued that the agreement met the requirements under the Fair Work Act 2009 for a registered enterprise agreement. The dispute was heard in the Fair Work Commission, which has jurisdiction over such matters.

The legal issues before the Commission included whether the agreement was made in good faith, whether it contained the required minimum terms and conditions, and whether the agreement was consistent with the relevant industrial instruments. Additionally, the Commission had to determine if the agreement was fairly and genuinely negotiated and if it provided a mechanism for dispute resolution.

The Commission found that the agreement was made in good faith and contained all the required minimum terms. The agreement was also consistent with the relevant industrial instruments. Furthermore, the Commission was satisfied that the agreement was fairly and genuinely negotiated, and it provided a mechanism for dispute resolution. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Linq Buslines Passenger Vehicle Drivers Enterprise Agreement 2015, finding it met all statutory requirements. This decision sets a precedent for the registration of similar enterprise agreements in the transport industry.

Linq Buslines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established