DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mansfield Mt Buller Bus Lines Pty Ltd
(AG2015/3700)

MANSFIELD MT BULLER BUS LINES PTY LTD ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 JULY 2015

Application for approval of the Mansfield MT Buller Bus Lines Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mansfield MT Buller Bus Lines Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mansfield Mt Buller Bus Lines Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 23 July 2015. The nominal expiry date is 15 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mansfield Mt Buller Bus Lines Pty Ltd, applied to the Fair Work Commission for approval of their 2015 Enterprise Agreement. The dispute centred around the terms and conditions of employment for their workers, as well as the processes for resolving disputes within the agreement. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues involved whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the prescribed minimum entitlements, and whether it contained appropriate dispute resolution mechanisms. The Commission also had to consider whether the agreement was made in good faith and without coercion, and whether it met the requirements for employee representation.

The Commission found that the agreement contained fair and reasonable terms and conditions, and that it complied with the prescribed minimum entitlements. The agreement also contained appropriate dispute resolution mechanisms, including a clause for mediation and conciliation. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it met the requirements for employee representation. Therefore, the Commission approved the Enterprise Agreement.

The final orders of the Commission were that the Mansfield Mt Buller Bus Lines Pty Ltd Enterprise Agreement 2015 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered from the date of the application and would remain in effect until it was terminated or replaced by a new agreement.

Mansfield Mt Buller Bus Lines 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