Metro Tasmania Pty Ltd

[2013] FWCA 5573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Tasmania Pty Ltd
(AG2013/7094)

METRO TASMANIA BUS OPERATORS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 28 AUGUST 2013

Application for approval of the Metro Tasmania Bus Operators Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Metro Tasmania Bus Operators Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metro Tasmania Pty Ltd. The agreement is a single-enterprise agreement.

[2] As part of the approval process I sought clarification about three specific issues. Details were provided to the Applicant and the Bargaining Representatives and a hearing convened by video link on 2 August 2013. I am satisfied with the explanation provided about each of those matters.

[3] John Wilson and Samantha Simonetis appeared on behalf of the Australian Rail, Tram and Bus Industry Union and Rod Collinson of Page Seager Lawyers was granted leave to appear on behalf of Metro Tasmania on the basis it would assist the Commission by enabling the issues to be dealt with more effectively given the detail and complexity involved.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Australian Rail, Tram and Bus Industry Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2013. The nominal expiry date of the Agreement is 31 December 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metro Tasmania Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Metro Tasmania Bus Operators Enterprise Agreement 2013. The union representing the employees contested the application. The dispute centred around whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The key legal issues before the Commission involved the assessment of whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the procedural requirements for approval. The Commission needed to determine if the agreement satisfied the "better off overall test" and whether the appropriate process for approval had been followed.

In evaluating the application, the Commission considered the terms and conditions outlined in the agreement, including wages, hours of work, and other employment-related matters. It assessed whether the agreement provided for fair and reasonable terms and conditions by comparing them to the relevant industry benchmarks and considering the views of both parties. The Commission also examined whether the agreement met the procedural requirements for approval, including whether the employer had taken reasonable steps to negotiate the agreement with the union and whether the union had been given adequate opportunity to comment on the proposed terms. After thorough consideration, the Commission found that the agreement met the statutory requirements for approval and was therefore authorised. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and that the appropriate process for approval had been followed.

The Fair Work Commission approved the Metro Tasmania Bus Operators Enterprise Agreement 2013, finding it met the statutory requirements under the Fair Work Act 2009. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment and that the employer had followed the appropriate process for approval. The decision confirmed the validity of the agreement, which will now govern the employment terms and conditions of the bus operators employed by Metro Tasmania Pty Ltd. The final orders included the approval of the agreement, effective from the date of the decision, and mandated that both parties adhere to the terms and conditions as outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established