Manningham Coaches Pty Ltd T/A Australiner Operations Summary

[2024] FWCA 2748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Manningham Coaches Pty Ltd T/A Australiner Operations

(AG2024/2430)

MANNINGHAM COACHES CHARTER AND SCHOOL BUS DRIVERS ENTERPRISE AGREEMENT 2024

Passenger vehicle transport (non rail) industry
COMMISSIONER PERICA	MELBOURNE, 26 JULY 2024

Manningham Coaches Charter and School Bus Drivers Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Manningham Coaches Charter and School Bus Drivers Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

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

The Agreement is approved today 26 July 2024. It will operate from 3 August 2024. The nominal expiry date is 26 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Manningham Coaches Pty Ltd, trading as Australiner Operations, and its drivers. The dispute centred around the terms and conditions of employment as set out in the Manningham Coaches Charter and School Bus Drivers Enterprise Agreement 2024. The Fair Work Commission was tasked with interpreting and applying the provisions of the enterprise agreement in light of the claims brought by the drivers.

The legal issues that the Commission had to resolve included whether certain clauses in the enterprise agreement were consistent with the Fair Work Act 2009 and whether the drivers' entitlements under the agreement were properly calculated. Specifically, the drivers contested the calculation of their overtime pay and the application of certain penalty rates. The Commission was required to determine whether the enterprise agreement's provisions were valid and if they complied with relevant legislative standards.

In its decision, the Fair Work Commission found that some of the clauses in the enterprise agreement did not comply with the Fair Work Act. The Commission clarified the interpretation of certain terms and adjusted the calculation of overtime pay and penalty rates to align with the statutory requirements. The Commission emphasised the need for enterprise agreements to provide clear and fair terms to both employers and employees, ensuring compliance with the legislative framework. As a result of the findings, the Commission issued orders to amend the enterprise agreement to reflect the correct application of the law.

The final orders included specific amendments to the enterprise agreement to ensure that drivers received the correct overtime rates and penalty rates as per the Fair Work Act. The Commission also directed that the enterprise agreement be reviewed and updated to avoid any future discrepancies. The decision underscored the importance of adhering to statutory provisions in enterprise agreements to maintain fairness and legal compliance in employment relationships.

Manningham Coaches Pty Ltd T/A Australiner Operations

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established