DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neville’s Bus Service Pty Ltd T/A Busabout
(AG2017/4750)

BUSABOUT AND THE TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2017

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 MARCH 2018

Application for approval of the Busabout and the Transport Workers’ Union of Australia Fair Work Agreement 2017.

[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 2017 (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] 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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2018. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Neville’s Bus Service Pty Ltd, trading as Busabout, and the Transport Workers’ Union of Australia regarding the approval of their Fair Work Agreement 2017. The Union sought approval for the agreement, which outlined terms and conditions for its members employed by Busabout. The Commission was required to determine whether the agreement met the legal standards for approval, including ensuring it provided for fair and reasonable terms and did not undermine the right to freedom of association.

The central legal issues focused on whether the agreement provided for fair and reasonable terms for the employees, whether it complied with the provisions of the Fair Work Act 2009, and whether the agreement was genuinely negotiated. The Commission needed to assess if the agreement adhered to the principles of good faith bargaining and whether it contained appropriate safeguards for employee rights, including provisions for dispute resolution and compliance with minimum employment standards.

The Commission examined the submissions from both parties, considered the evidence presented, and assessed the agreement against the statutory criteria. The Commission found that the agreement contained fair and reasonable terms for the employees and met the legal requirements for approval. It concluded that the agreement was genuinely negotiated and did not undermine the right to freedom of association. The Commission approved the Fair Work Agreement 2017, highlighting its compliance with the Fair Work Act and the protection of employees' rights.

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