Moreland Bus Lines Pty Ltd

[2023] FWCA 2540

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moreland Bus Lines Pty Ltd

(AG2023/2671)

MORELANDBUS ENTERPRISE AGREEMENT 2023

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 AUGUST 2023

Application for approval of the MorelandBus Enterprise Agreement 2023

Moreland Bus Lines Pty Ltd has made an application for approval of an enterprise agreement known as the MorelandBus Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the TWU.

The Agreement was approved on 15 August 2023 and, in accordance with s 54, it will operate from 22 August 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Moreland Bus Lines Pty Ltd, seeking approval of the Moreland Bus Enterprise Agreement 2023. The dispute involved the terms of employment for drivers and other employees of the bus company, including wages, hours of work, and conditions of employment. The Commission was required to consider whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the interests of the employees.

The key legal issues before the Commission were whether the proposed agreement provided fair and reasonable terms and conditions of employment for the employees, and whether the agreement complied with the provisions of the Fair Work Act. The Commission considered the nature of the agreement, the bargaining process that led to its creation, and the impact of the agreement on the employees. The Commission also had to consider whether the agreement provided for appropriate protections for employees, such as minimum wages and reasonable working hours.

In reaching its decision, the Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment for the employees. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and that it was in the interests of the employees. The Commission noted that the agreement provided for a number of protections for employees, including minimum wages, reasonable working hours, and provisions for leave and other entitlements. The Commission also found that the bargaining process that led to the creation of the agreement was fair and reasonable.

The Fair Work Commission approved the Moreland Bus Enterprise Agreement 2023, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of overtime and the provision of additional leave for employees. The Commission considered that these modifications were necessary to ensure that the agreement provided for fair and reasonable terms and conditions of employment for the employees, and that it complied with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established