DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Picton Buslines Pty Ltd T/A Griffith Buslines
(AG2020/2859)

PICTON BUSLINES PTY LIMITED BUS DRIVERS - GRIFFITH ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 17 NOVEMBER 2020

Application for approval of the PICTON BUSLINES Pty LIMITED BUS DRIVERS - GRIFFITH ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the PICTON BUSLINES Pty LIMITED BUS DRIVERS - GRIFFITH ENTERPRISE AGREEMENT 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Picton Buslines Pty Ltd T/A Griffith Buslines. 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. The undertakings are taken to be a term of 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Bus and Coach Drivers’ Enterprise Agreement 2019, the parties involved were Picton Buslines Pty Ltd trading as Griffith Buslines, the employer, and the Australian Bus Drivers’ Union, the representative of the employees. The dispute centred around the application for approval of this enterprise agreement. The matter was brought before the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval, such as ensuring that the agreement was in writing, included the prescribed terms, and was free from any provisions that would be contrary to public policy. The Commission also had to consider whether the agreement was made in good faith and whether the necessary consultation processes were followed. Furthermore, the Commission needed to assess whether the agreement provided for a fair and equitable outcome for both the employer and the employees.

The Fair Work Commission determined that the agreement met all the necessary statutory requirements for approval. It found that the agreement was in writing and contained all the prescribed terms. The Commission confirmed that the agreement was made in good faith and that the requisite consultation processes were followed. Additionally, the Commission concluded that the agreement provided for a fair and equitable outcome for both parties, taking into account the various benefits and obligations outlined within the agreement. Consequently, the Commission approved the Bus Drivers – Griffith Enterprise Agreement 2019.

As a result of the Commission's determination, the Bus Drivers – Griffith Enterprise Agreement 2019 was approved and came into effect. This decision ensured that the terms and conditions of employment for the employees under the agreement would be legally binding and enforceable, providing a clear framework for the relationship between Picton Buslines Pty Ltd and its employees represented by the Australian Bus Drivers’ Union.

Picton Buslines Pty Ltd T/A Griffith Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established