DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McHarry’s Buslines Pty Ltd
(AG2019/2376)

MCHARRY’S BUSLINES PTY LTD ENTERPRISE AGREEMENT 2018 - 2021

Passenger vehicle transport (non rail) industry
COMMISSIONER WILSON	MELBOURNE, 19 AUGUST 2019

Application for approval of the McHarry’s Buslines Pty Ltd Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the McHarry’s Buslines Pty Ltd Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McHarry’s Buslines Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that 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.

[3] Subject to the undertakings 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.

[4] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

McHarry’s Buslines Pty Ltd recently appeared before the Fair Work Commission, the subject of an application for the approval of the McHarry’s Buslines Pty Ltd Enterprise Agreement 2018 - 2021. The applicant, representing the employees, sought the Commission’s endorsement of the agreement, which outlined terms and conditions of employment for the bus company’s workforce. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission involved verifying the procedural fairness of the agreement’s negotiation and ensuring its compliance with the Act's substantive requirements. This included examining whether the agreement was made in good faith, whether it covered the necessary minimum terms, and whether it provided for the proper resolution of workplace disputes. Additionally, the Commission assessed whether the agreement appropriately addressed the interests of the employees and if it adhered to any relevant industrial awards and regulations.

In delivering its decision, the Commission thoroughly reviewed the evidence and submissions from both parties. It found that the agreement had been negotiated in good faith and met all the procedural requirements set out in the Act. The Commission also determined that the agreement contained all the minimum terms and conditions mandated by the legislation and that it provided adequate mechanisms for dispute resolution. The agreement was deemed to be fair and reasonable, addressing the interests of both the employees and the employer effectively. Consequently, the Commission approved the Enterprise Agreement, recognising it as a genuine and effective means of regulating the workplace.

The Fair Work Commission’s final orders included the approval of the McHarry’s Buslines Pty Ltd Enterprise Agreement 2018 - 2021, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding on both the employer and the employees for the duration of the agreement.

McHarry’s 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