DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Tasmania Pty Ltd t/a Metro
(AG2015/6600)

METRO TASMANIA BUS OPERATORS ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 8 DECEMBER 2015

Application for approval of the Metro Tasmania Bus Operators Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Metro Tasmania Bus Operators Enterprise Agreement 2016 (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 t/a Metro (the Applicant). The Agreement is a single enterprise agreement.

[2] A hearing was convened as Mr Penfold, an employee bargaining representative, sought to be heard. Mr Penfold raised a number of general concerns as to the fairness of the Agreement. Having considered the submissions of Mr Penfold as well as those of the Applicant and other bargaining representatives, I am satisfied that the employees will be better off overall if the agreement applied to the relevant employees than if the applicable Modern Award applied.

[3] The Applicant 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.

[4] 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.

[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 15 December 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Metro Tasmania Pty Ltd, trading as Metro, the applicant sought approval for the Metro Tasmania Bus Operators Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the proposed agreement was in the interests of the employees and the employer. The dispute centred around the terms of the enterprise agreement and whether it was fair and reasonable, taking into account the principles of the Fair Work Act 2009.

The legal issues before the court were whether the agreement adequately covered the terms of employment, including wages, hours of work, and other conditions of employment. The court also had to consider if the agreement was free from any undue influence or coercion and whether it provided for a fair and reasonable dispute resolution process. Furthermore, the court examined whether the agreement complied with the contemporary award applicable to the employees.

The Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. The court held that the agreement covered all necessary terms of employment and provided for a comprehensive dispute resolution mechanism. The Commission was satisfied that the agreement was not the product of any undue influence or coercion and that it was in the best interests of both the employees and the employer. The court noted that the agreement provided for a reasonable increase in wages and improved working conditions, which were beneficial for the employees. Consequently, the court approved the Metro Tasmania Bus Operators Enterprise Agreement 2016.

The Fair Work Commission ordered the approval of the Metro Tasmania Bus Operators Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were bound by its terms. The Commission further directed that any disputes arising from the agreement would be resolved in accordance with the agreed-upon dispute resolution process.

Metro Tasmania Pty Ltd t/a Metro

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established