DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Stephens Coaches (Nelson Bay) Pty Ltd
(AG2015/984)

PORT STEPHENS (NELSON BAY) COACHES, CHARTER AND COACH DRIVERS ENTERPRISE AGREEMENT 2015

Passenger vehicle transport (non rail) industry
COMMISSIONER ROBERTS	SYDNEY, 20 MAY 2015

Application for approval of the Port Stephens (Nelson Bay) Coaches, Charter and Coach Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Port Stephens (Nelson Bay) Coaches, Charter and Coach Drivers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Port Stephens Coaches (Nelson Bay) Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2015. The nominal expiry date of the Agreement is 19 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Port Stephens Coaches (Nelson Bay) Pty Ltd, the applicant sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute involved the company's proposed agreement, which aimed to govern the terms and conditions of employment for its employees. The case was heard by the Fair Work Commission, which had the authority to approve or reject the agreement under the relevant legislation.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, including the 'better-off overall test', which mandates that employees must not be worse off overall under the new agreement. Another key issue was whether the agreement was fairly negotiated and if it covered all the necessary matters as stipulated by the Act. The Commission also needed to consider if the agreement met the 'good faith' requirement, ensuring it was not made in bad faith.

In its decision, the Commission examined the evidence presented on the better-off overall test and found that the proposed agreement did not disadvantage employees. The Commission concluded that the agreement was fairly negotiated and covered all necessary matters, including pay rates, working conditions, and other employment terms. The Commission was satisfied that the agreement met the good faith requirement and approved the application, leading to the formal recognition of the Port Stephens (Nelson Bay) Coaches, Charter and Coach Drivers Enterprise Agreement 2015. This decision ensured that the employees would be governed by the terms set out in the approved agreement.

Port Stephens Coaches (Nelson Bay) 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