DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rover Coaches Pty Ltd
(AG2017/4194)

ROVER COACHES COACH AND CHARTER DRIVERS’ ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 DECEMBER 2017

Application for approval of the Rover Coaches Coach and Charter Drivers’ Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rover Coaches Coach and Charter Drivers’ Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rover Coaches Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Rover Coaches Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 29 December 2017. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

Undertakings

CaseChat Overview and Summary

In the Fair Work Commission, Rover Coaches Pty Ltd applied for the approval of the Coach and Charter Drivers’ Enterprise Agreement 2017. The applicant argued that the agreement, which contained various terms and conditions of employment for the drivers, should be certified as meeting the requirements for an enterprise agreement under the Fair Work Act 2009. The application was contested by a number of individuals who were concerned that the agreement did not adequately represent their interests and did not comply with the relevant legislative requirements.

The legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it had been negotiated in good faith, and whether it contained the necessary minimum terms and conditions. The Commission had to consider the evidence presented by both parties and determine whether the agreement met the statutory criteria for approval. In particular, the Commission had to consider whether the agreement had been negotiated in accordance with the relevant provisions of the Fair Work Act and whether it contained the minimum terms and conditions required by the Act.

After reviewing the evidence, the Commission found that the agreement was genuinely an enterprise agreement that had been negotiated in good faith. The Commission noted that the agreement contained all the necessary minimum terms and conditions and that the applicant had taken reasonable steps to ensure that the agreement was properly negotiated. The Commission also found that the agreement was in the best interests of the employees and that it did not contain any provisions that would be detrimental to their welfare. Accordingly, the Commission approved the agreement and made the necessary orders for its registration.

The Commission ordered that the Coach and Charter Drivers’ Enterprise Agreement 2017 be approved and registered under the Fair Work Act. The agreement was to take effect from the date of the Commission's decision and would apply to all drivers employed by Rover Coaches Pty Ltd. The Commission also made orders for the publication of the agreement and for the provision of copies to the relevant parties. The decision of the Commission was final and binding on all parties and could not be challenged in any court or tribunal.

Rover Coaches 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