DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neville’s Bus Service Pty Ltd T/A Busabout
(AG2019/1669)

BUSABOUT AND THE TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2018

Passenger vehicle transport (non rail) industry
COMMISSIONER WILLIAMS	PERTH, 13 JUNE 2019

Application for approval of the Busabout and the Transport Workers’ Union of Australia Fair Work Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Busabout and the Transport Workers’ Union of Australia Fair Work 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 Neville’s Bus Service Pty Ltd T/A Busabout. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application by the Transport Workers’ Union of Australia for the approval of the Busabout and the Transport Workers’ Union of Australia Fair Work Agreement 2018. This agreement aimed to set the terms and conditions for employees of Neville’s Bus Service Pty Ltd, trading as Busabout, who are members of the union. The union sought to have this agreement approved as a registered agreement under the Fair Work Act 2009, which would give it legal enforceability.

The central legal issues before the FWC were whether the agreement complied with the formal requirements for approval under the Fair Work Act and whether it met the criteria for being a lawful and fair agreement. The FWC had to determine whether the agreement contained all the required minimum terms and conditions, whether it was consistent with the objects of the Act, and whether it provided a fair and reasonable outcome for all parties involved. The union argued that the agreement was comprehensive and fair, while Busabout contended that certain provisions were unreasonable and did not meet the requirements of the Act.

The FWC examined the agreement in detail, considering its compliance with the Act and its fairness to both the union and the employer. The Commission found that while the agreement largely met the minimum standards required by the Act, there were some provisions that did not align with the statutory requirements or were not fair and reasonable. After making several amendments to address these issues, the FWC concluded that the agreement, in its revised form, was compliant and fair. The FWC approved the agreement, subject to the specified amendments, as a registered agreement.

In its final orders, the FWC approved the Busabout and the Transport Workers’ Union of Australia Fair Work Agreement 2018, with the aforementioned amendments. The agreement was registered under the Fair Work Act, and the terms and conditions set out in the agreement became legally binding on both the employer and the employees covered by the agreement.

Neville’s Bus Service Pty Ltd T/A Busabout

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established