Ogden's Coaches Pty Limited T/A Ogden's Coaches

[2018] FWCA 4439

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ogden's Coaches Pty Limited T/A Ogden's Coaches

(AG2018/1326)

Ogden's Coaches Pty Limited Fair Work Agreement 2018

Passenger vehicle transport (non rail) industry
Deputy President Masson	MELBOURNE, 30 JULY 2018

Application for approval of the Ogden's Coaches Pty Limited Fair Work Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Ogden’s Coaches Pty Limited 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 Ogden’s Coaches Pty Limited T/A Ogden’s Coaches. The Agreement is a single enterprise agreement.

The Employer 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The matter before the Fair Work Commission involved an application for the approval of the Ogden's Coaches Pty Limited Fair Work Agreement 2018. Ogden's Coaches, the applicant, sought the approval of a new agreement to replace an existing one, which had been made the subject of a no-disadvantage no-detriment transition. The respondents to the application included the Transport Workers Union of Australia, the Rail, Tram and Bus Industry Union, and the Australian Services Union. The dispute centred on the terms and conditions of employment for employees working under the proposed agreement, including matters such as wages, hours of work, leave provisions, and other employment conditions.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically in terms of providing for the no-disadvantage no-detriment transition and ensuring that the agreement did not contravene any applicable minimum standards. The Commission had to consider whether the proposed terms and conditions were fair and reasonable, and whether they provided for appropriate mechanisms to address any disputes that might arise. Additionally, the Commission needed to ensure that the agreement was consistent with the broader objectives of the Fair Work Act, which includes promoting high levels of employment and economic performance, and protecting employees from unfair treatment.

In its decision, the Fair Work Commission carefully examined the proposed agreement, taking into account the submissions from both the applicant and the respondents. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the requirements of the Fair Work Act. The Commission noted that the proposed agreement included provisions for a no-disadvantage no-detriment transition, which was an important aspect of the application. Furthermore, the Commission determined that the agreement did not contravene any applicable minimum standards and provided adequate mechanisms for resolving disputes. The Commission approved the application, recognising that the agreement was fair and appropriate for the employees involved.

The final orders of the Commission included the approval of the Ogden's Coaches Pty Limited Fair Work Agreement 2018, effective from the date specified in the application. The Commission directed that the agreement would apply to all employees covered by the previous agreement, subject to the no-disadvantage no-detriment transition provisions. The decision ensured that the employees would benefit from the new agreement, which provided for improved terms and conditions of employment, while also maintaining the protections afforded by the Fair Work Act.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established