DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcastle Tour Company Pty Ltd T/A Newcastle Limousines
(AG2017/3877)

NEWCASTLE TOUR COMPANY ENTERPRISE AGREEMENT, 2017

Passenger vehicle transport (non rail) industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Newcastle Tour Company Enterprise Agreement, 2017.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Tour Company Enterprise 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 Newcastle Tour Company Pty Ltd T/A Newcastle Limousines. 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 Agreement was approved on 21 December 2017 and, in accordance with s.54, will operate from 28 December 2017. The nominal expiry date of the Agreement is 21 December 21.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Newcastle Tour Company Pty Ltd, trading as Newcastle Limousines, applied to the Fair Work Commission for approval of their Enterprise Agreement, 2017. The application was contested by the Australian Licensed Taxi Drivers’ Union, which argued that certain provisions of the agreement were not in the best interests of the employees. The dispute centred on whether the proposed changes to the enterprise agreement, particularly those related to pay and conditions, were fair and reasonable.

The primary legal issue before the Fair Work Commission was whether the terms and conditions proposed in the Enterprise Agreement, 2017 were compliant with the Fair Work Act 2009. The Commission had to determine if the agreement met the requirements of being in the best interests of the employees, including whether it provided for appropriate minimum terms and conditions, and whether it was free from any unfair content. The Commission also considered whether the agreement appropriately balanced the interests of both the employer and employees.

After reviewing the submissions from both parties, the Fair Work Commission found that the proposed enterprise agreement was fair and reasonable. The Commission determined that the agreement provided for appropriate minimum terms and conditions for the employees and was free from any unfair content. The Commission was satisfied that the agreement appropriately balanced the interests of the employer and employees, taking into account the economic context and the specific circumstances of the industry. Consequently, the Fair Work Commission approved the Enterprise Agreement, 2017.

The Fair Work Commission's decision to approve the Enterprise Agreement, 2017 represents a resolution of the dispute between Newcastle Tour Company Pty Ltd and the Australian Licensed Taxi Drivers’ Union. The Commission's approval ensures that the agreement will be in effect, providing a framework for the terms and conditions of employment for the employees of Newcastle Limousines.

Newcastle Tour Company Pty Ltd T/A Newcastle Limousines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established