DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peninsula Transit Pty Ltd
(AG2018/6625)

PENINSULA TRANSIT P/L ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 APRIL 2019

Application for approval of the Peninsula Transit P/L Enterprise Agreement 2018

[1] Peninsula Transit Pty Ltd has made an application for approval of an enterprise agreement known as the Peninsula Transit P/L Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[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 wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 29 April 2019 and, in accordance with s 54, will operate from 6 May 2019. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Peninsula Transit Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The dispute involved the terms and conditions of employment of the company's employees as outlined in the proposed Peninsula Transit P/L Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it contained all the mandatory terms required by the Act. Additionally, the Commission needed to assess whether the agreement provided fair and reasonable terms and conditions for the employees and if it adhered to the principles of good faith bargaining.

The Commission found that the agreement did not meet the statutory requirements for several reasons. Firstly, it did not include all the mandatory terms as prescribed by the Fair Work Act. Secondly, the agreement failed to provide fair and reasonable terms and conditions for the employees, particularly regarding pay rates and conditions. The Commission also noted that the agreement did not reflect the principles of good faith bargaining. Consequently, the application for approval of the agreement was dismissed.

The Fair Work Commission did not grant approval for the Peninsula Transit P/L Enterprise Agreement 2018. The Commission ordered that the application be dismissed and directed the parties to continue negotiations to reach an agreement that met the statutory requirements and was in the best interests of the employees.

Peninsula Transit Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established