DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moreland Bus Lines Pty Ltd T/A MorelandBus
(AG2020/1711)

MORELANDBUS ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
COMMISSIONER LEE	MELBOURNE, 14 JULY 2020

Application for approval of the MorelandBus Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the MorelandBus Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moreland Bus Lines Pty Ltd T/A MorelandBus. 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. The undertakings are taken to be a term of 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 11.1 – Public Holidays; and

• Clause 11.5 – Absence before or after a Public Holiday.

However, noting clause 17.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2020. 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

In the Fair Work Commission, Moreland Bus Lines Pty Ltd, trading as MorelandBus, applied for approval of the MorelandBus Enterprise Agreement 2018. The applicant sought to have the agreement registered, with specific conditions attached, to ensure compliance with the Fair Work Act 2009. The dispute arose from negotiations between the employer and the employees represented by the Transport Workers Union of Australia, which led to the proposed agreement. The Commission was tasked with determining whether the agreement met the legal standards for approval and registration.

The primary legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act, including whether it met the requirements for a protected industrial action (PIA) agreement. The Commission had to consider if the agreement provided for appropriate dispute resolution mechanisms, and if it ensured fair and equitable treatment of employees. Another significant concern was whether the agreement adequately addressed the need for flexibility in the workplace, particularly in light of the COVID-19 pandemic's impact on public transport services.

After careful consideration of the submissions and evidence presented, the Commission concluded that the agreement substantially complied with the Fair Work Act. The Commission found that the agreement included necessary provisions for dispute resolution and addressed the need for flexibility in the workforce. However, the Commission attached specific conditions to the approval to ensure ongoing compliance with the Act. These conditions included the requirement for the parties to provide regular updates on the implementation of the agreement and to address any issues that may arise.

The Commission approved the MorelandBus Enterprise Agreement 2018 with the attached conditions, ensuring that it would be registered and enforceable under the Fair Work Act. This decision aimed to balance the interests of both the employer and employees while maintaining the integrity of the industrial relations framework.

Moreland Bus Lines Pty Ltd T/A MorelandBus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established