Neville's Bus Service Pty Ltd

[2013] FWCA 382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Neville's Bus Service Pty Ltd
(AG2013/4318)

NEVILLE'S BUS SERVICE PTY LTD AND THE TRANSPORT WORKERS' UNION OF AUSTRALIA FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 JANUARY 2013

Application for approval of the Neville's Bus Service Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Neville's Bus Service Pty Ltd and the Transport Workers’ Union of Australia Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 23 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Neville's Bus Service Pty Ltd and the Transport Workers’ Union of Australia, sought approval of a Fair Work Agreement from 2012. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement complied with the relevant legislative provisions under the Fair Work Act 2009. This included assessing whether the agreement met the statutory requirements for good faith bargaining and whether it provided for minimum entitlements that were not less favourable than the applicable awards or registered agreements.

The Commission examined the process of bargaining and the content of the agreement. It considered whether there was sufficient evidence of genuine attempts to reach an agreement in good faith. Furthermore, the Commission evaluated if the terms of the agreement provided for minimum standards of pay and conditions that were not less favourable than the relevant industrial instruments. After reviewing the submissions and evidence from both parties, the Commission concluded that the agreement was made in good faith and met the necessary legislative criteria. It found that the agreement contained provisions that were not less favourable than the relevant industrial awards and thus approved the agreement.

Consequently, the Fair Work Commission granted approval for the Fair Work Agreement between Neville's Bus Service Pty Ltd and the Transport Workers’ Union of Australia. The agreement was deemed to comply with the statutory requirements and was thus approved. The decision provided clarity on the application of the Fair Work Act 2009 to the specific terms of the agreement in question.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established