Ogden's Coaches Pty Limited Summary

[2024] FWCA 4473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ogden’s Coaches Pty Limited

(AG2024/4675)

OGDEN’S COACHES FAIR WORK AGREEMENT 2024

Road transport industry
COMMISSIONER CRAWFORD	SYDNEY, 13 DECEMBER 2024

Application for approval of the Ogden’s Coaches Fair Work Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ogden’s Coaches Fair Work Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Ogden’s Coaches Pty Limited. The Agreement is a single enterprise agreement.

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

Noting clause 4(e) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Ogden’s Coaches Pty Limited, sought approval of their Fair Work Agreement 2024, which was lodged with the Fair Work Commission. The application was opposed by the Rail, Tram and Bus Union, which argued that the agreement was not appropriate for approval. The Fair Work Commission was required to consider whether the agreement met the criteria set out in the Fair Work Act 2009 for an enterprise agreement to be approved. Specifically, the Commission had to determine whether the agreement provided for a genuine agreement, was made in good faith, and was free from any coercion or undue influence.

The legal issues before the Commission included whether the agreement provided for genuine terms and conditions of employment, whether it was made in good faith, and whether it was free from any coercion or undue influence. The Commission considered evidence from both parties and examined the terms of the agreement to determine whether it met the statutory requirements. The Commission found that the agreement provided for genuine terms and conditions of employment and was made in good faith. It also found that the agreement was free from any coercion or undue influence.

The Fair Work Commission approved the Ogden’s Coaches Fair Work Agreement 2024, finding that it met the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement provided for genuine terms and conditions of employment, was made in good faith, and was free from any coercion or undue influence. The Commission also found that the agreement was in the best interests of the employees and the employer. The Rail, Tram and Bus Union's opposition to the agreement was dismissed. The Commission's decision was final and binding on the parties.

Ogden's Coaches Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established