DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REO Investments Pty Limited
(AG2020/3454)

REO INVESTMENTS PTY LIMITED BUS DRIVERS (FORSTER) ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 25 NOVEMBER 2020

Application for approval of the REO Investments Pty Limited Bus Drivers (Forster) Enterprise Agreement 2019.

[1] REO Investments Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the REO Investments Pty Limited Bus Drivers (Forster) Enterprise Agreement 2019 (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 the 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 Agreement was approved on 25 November 2020 and, in accordance with s 54, will operate from 2 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

REO Investments Pty Limited recently brought an application before the Fair Work Commission seeking approval of the REO Investments Pty Limited Bus Drivers (Forster) Enterprise Agreement 2019. The dispute arose from the negotiation and subsequent drafting of an enterprise agreement for bus drivers employed by REO in the Forster area. The Fair Work Commission was tasked with determining whether the agreement met the necessary legislative standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the good faith bargaining requirements and whether it contained the minimum terms and conditions mandated by the Fair Work Act. Additionally, the Commission had to assess whether the agreement was free from any unfair content that would undermine the protections afforded to employees under Australian labour law.

In its decision, the Fair Work Commission meticulously examined the negotiation process, the content of the agreement, and its compliance with the statutory requirements. The Commission found that the agreement was the product of good faith negotiations and contained all the mandatory minimum terms and conditions. Furthermore, the Commission determined that the agreement did not include any unfair content that would disadvantage the employees. Consequently, the Commission approved the enterprise agreement, recognising its fairness and compliance with the relevant legislative framework.

The final orders of the Commission included the approval of the REO Investments Pty Limited Bus Drivers (Forster) Enterprise Agreement 2019, effective from the date of the Commission's decision. This decision not only formalises the terms of employment for the bus drivers but also sets a precedent for future enterprise agreements within the company.

REO Investments Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established