DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Organ’s Bus Service Pty Ltd T/A Organ’s Coaches Kyneton
(AG2018/3115)

ORGAN'S BUS SERVICE PTY. LTD. ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Organ's Bus Service Pty. Ltd. Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Organ’s Bus Service Pty. Ltd. Enterprise 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 Organ’s Bus Service Pty Ltd T/A Organ’s Coaches Kyneton. The Agreement is a single enterprise agreement.

[2] 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair
Work Regulations 2009 is taken to be a term of the Agreement.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] I note that Clauses 13.1 and 27.2 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 19.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Organ’s Bus Service Pty Ltd, trading as Organ’s Coaches Kyneton, sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred around the terms of the proposed agreement, which had been negotiated with the employees represented by the Transport Workers Union of Australia. The matter was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction over employment matters.

The primary legal issue before the Commission was whether the proposed agreement contained terms that were unfair, as defined by the Fair Work Act 2009. The Commission needed to assess the fairness of the agreement in light of various legislative criteria, including the provision of appropriate mechanisms for resolving disputes and ensuring procedural fairness. The second issue was whether the agreement adequately provided for the protection of employee rights, particularly regarding working conditions and entitlements.

In delivering its decision, the Commission examined the terms of the agreement and the evidence presented by both parties. It found that the agreement contained provisions that were unfair due to certain clauses that did not adequately protect employee rights or provide for fair dispute resolution mechanisms. The Commission also noted that the agreement did not sufficiently address the procedural fairness of the dispute resolution process. As a result, the Commission refused to approve the agreement as it stood. The applicants were given an opportunity to amend the agreement to address the identified issues before resubmitting it for approval.

Organ’s Bus Service Pty Ltd T/A Organ’s Coaches Kyneton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established