Mountjoy Public Transport Pty Ltd T/A Martyrs Bus Service

[2020] FWCA 4204

[2020] FWCA 4204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mountjoy Public Transport Pty Ltd T/A Martyrs Bus Service
(AG2020/1826)

MARTYRS BUS SERVICE DRIVERS ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 AUGUST 2020

Application for approval of the Martyrs Bus Service Drivers Enterprise Agreement 2018.

[1] Mountjoy Public Transport Pty Ltd T/A Martyrs Bus Service has made an application for the approval of an enterprise agreement known as the Martyrs Bus Service Drivers Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] The employees were provided with a copy of the notice of employee representational rights (NERR) on 8 May 2018. The NERR provided additional information, such as the contact phone number for the Fair Work Commission, the Applicant’s contact person, and the name of the bargaining representative. The NERR was otherwise identical to that currently prescribed by the Act under s 174(1A).

[5] In the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,¹ this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[7] The Transport Workers’ Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[8] The Agreement was approved on 12 August 2020 and, in accordance with s 54, will operate from 19 August 2020. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318.

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