Pearce Omnibus Pty Ltd

[2013] FWCA 9032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pearce Omnibus Pty Ltd
(AG2013/9905)

PEARCE OMNIBUS PTY. LTD. AND TRANSPORT WORKERS’ UNION OF AUSTRALIA BUS DRIVERS FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
COMMISSIONER ROBERTS	SYDNEY, 18 NOVEMBER 2013

Application for approval of the Pearce Omnibus Pty. Ltd. and Transport Workers’ Union of Australia Bus Drivers Fair Work Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Pearce Omnibus Pty. Ltd. and Transport Workers’ Union of Australia Bus Drivers Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pearce Omnibus Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 12 November 2013 an undertaking was provided by the Company’s Managing Director, Mr K Hussain, in relation to clause 32 (Major change and consultation) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of the Company. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pearce Omnibus Pty Ltd, along with the Transport Workers’ Union of Australia, sought the approval of the Fair Work Agreement 2012. The dispute came before the Fair Work Commission. The agreement, which regulated employment terms for bus drivers, was being challenged by other industry players who argued that it contained unfair provisions.

The central legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly whether it provided for minimum terms and conditions of employment that were no less favourable than the national safety net. Additionally, the court had to assess if the agreement had been made in good faith and whether it was properly certified as a single-interest employer agreement.

The Fair Work Commission found that the agreement met the statutory requirements. It provided for terms and conditions that were at least as favourable as the national safety net and were certified as a single-interest employer agreement. The commission concluded that the agreement was made in good faith and was fair and reasonable. Consequently, the application for approval was upheld.

The Fair Work Commission approved the Pearce Omnibus Pty Ltd and Transport Workers’ Union of Australia Bus Drivers Fair Work Agreement 2012, determining that it complied with the Fair Work Act 2009 and met all necessary criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established