Mountjoy Public Transport Pty Ltd T/A Martyrs Bus Service

[2022] FWCA 3375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mountjoy Public Transport Pty Ltd T/A Martyrs Bus Service

(AG2022/3882)

Martyrs Bus Service Drivers Enterprise Agreement 2022

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 SEPTEMBER 2022

Application for approval of the Martyrs Bus Service Drivers Enterprise Agreement 2022

An application has been made by Mountjoy Public Transport Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Martyrs Bus Service Drivers Enterprise Agreement 2022 (the Agreement).

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Mountjoy Public Transport Pty Ltd trading as Martyrs Bus Service, applied to the Fair Work Commission for approval of the Drivers Enterprise Agreement 2022. The respondents, who were drivers employed by the applicant company, raised objections to the agreement. The dispute was heard in the Fair Work Commission of Australia.

The central legal issue was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included whether the agreement provided for minimum terms and conditions of employment, and whether it was free from prohibited content. The respondents argued that the agreement did not sufficiently protect their entitlements and contained terms that were contrary to public policy.

The Commission found that the agreement met the statutory requirements for approval. It concluded that the agreement provided for the minimum terms and conditions of employment and was free from prohibited content. The Commission rejected the respondents' argument that the agreement did not adequately protect their entitlements, finding that it contained provisions that were consistent with the objectives of the Act. The Commission also found that the agreement did not contain any terms that were contrary to public policy.

Accordingly, the Fair Work Commission approved the Drivers Enterprise Agreement 2022. The applicant company may now implement the agreement, subject to the normal processes for giving notice to employees. The respondents' objections were dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established