DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin’s Albury Pty Ltd
(AG2019/3885)

MARTINS BUS & COACH DRIVERS ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 NOVEMBER 2019

Application for approval of the Martins Bus & Coach Drivers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Martins Bus & Coach Drivers Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to subsection 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.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 November 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Martin’s Albury Pty Ltd sought approval for the Martins Bus & Coach Drivers Enterprise Agreement 2019. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under Australian labour law. The primary dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, including whether it contained the minimum terms and conditions stipulated by law and whether it had been fairly negotiated.

The legal issues before the Commission included whether the enterprise agreement provided adequate protections for the employees, whether it complied with the procedural requirements for approval, and whether it was made in good faith. The Commission had to determine if the agreement was fair and reasonable, considering the interests of both the employees and the employer.

In considering these issues, the Commission examined the bargaining process, the terms of the agreement, and submissions from both parties. The Commission found that the agreement was negotiated in good faith and contained all the minimum terms and conditions required by the Act. It also concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the parties involved. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Martins Bus & Coach Drivers Enterprise Agreement 2019, finding that it met all necessary legal requirements and was fair and reasonable. The agreement is now binding on the parties and will govern the employment terms of the drivers employed by Martin’s Albury Pty Ltd.

Martin’s Albury 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