Qdrivers First Inc T/A Bus and Coach Drivers Association

[2021] FWC 5222

[2021] FWC 5222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.229—Bargaining order

Qdrivers First Inc T/A Bus and Coach Drivers Association
(B2021/681)

DEPUTY PRESIDENT ASBURY BRISBANE, 24 AUGUST 2021

Territory Transit Pty Ltd.

[1] QDrivers First Inc trading as the Bus and Coach Drivers’ Association (BCDA) has applied under s. 229 of the Fair Work Act 2009 (the FW Act) for a bargaining order in relation to bargaining for a proposed enterprise agreement to cover employees of Territory Transit Pty Ltd. BCDA seeks an order requiring that:

•  a ballot of employees to be held on 24 and 25 August 2021 not proceed until a majority of bargaining representatives have agreed to go to a vote;

•  meetings occur between the BCDA and other bargaining representatives who may wish to participate to discuss outstanding concerns about the agreement; and

•  Territory Transport Pty Ltd gives genuine consideration to any proposals put forward by BCDA and provides reasons for its responses to those proposals.

[2] Further to a hearing conducted on Friday 20 August 2021, I am not satisfied that the requirements in s. 230 of the FW Act necessary for an order to be made, have been met. In particular, BCDA has not established that one or more of the relevant bargaining representatives for the agreement have nor met, or are not meeting, the good faith bargaining requirements.

[3] The application for a bargaining order in B2021/681 is dismissed and an order 1 to that effect is issued with this Decision. Reasons for this Decision will be provided in due course.

DEPUTY PRESIDENT

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 1   PR733098.