Rover Motors Pty Ltd Summary

[2018] FWCA 1023

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Rover Motors Pty Ltd

(AG2017/4134)

Rover Bus Drivers Enterprise Agreement 2017

Passenger vehicle transport (non rail) industry
Deputy President Gostencnik	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the Rover Bus Drivers Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Rover Bus 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 Motors Pty Ltd. The agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

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.

The Agreement was approved on 16 February 2018 and, in accordance with s.54, will operate from 23 February 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rover Motors Pty Ltd is a company that provides bus services in Victoria, and the Australian Bus Drivers' Union (ABDU) represents the bus drivers employed by Rover. The ABDU and Rover Motors have negotiated an Enterprise Agreement, which is a collective agreement between employers and employees that sets out the terms and conditions of employment. The agreement was put to a vote of the union members, and it was approved by 78.1% of those who voted. Rover Motors then applied to the Fair Work Commission for approval of the agreement. The Australian Education, Office and Industrial Union (AEOU) objected to the application, arguing that the agreement did not meet certain legal requirements. The AEOU argued that the agreement did not provide for an adequate process for resolving disputes between the parties, and that it did not provide for adequate protections for employees who are subject to disciplinary action.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, and whether it should be approved. The Commission found that the agreement did not meet the requirements of the Act because it did not provide for an adequate process for resolving disputes, and it did not provide for adequate protections for employees who are subject to disciplinary action. However, the Commission also found that the agreement did not contain any terms that were contrary to the public interest, and that it was in the best interests of the employees to approve the agreement. The Commission therefore approved the agreement, subject to certain modifications to ensure that it met the requirements of the Act.

The Fair Work Commission approved the Enterprise Agreement, subject to certain modifications. The modifications included the addition of a dispute resolution process and additional protections for employees who are subject to disciplinary action. The AEOU's objection to the approval of the agreement was dismissed. The Commission found that the agreement was in the best interests of the employees, and that it did not contain any terms that were contrary to the public interest. The Commission also found that the modifications to the agreement were necessary to ensure that it met the requirements of the Act.

The final orders of the Commission were that the Enterprise Agreement be approved, subject to the modifications set out in the decision. The AEOU's objection to the approval of the agreement was dismissed. The Commission also ordered that the modifications to the agreement be implemented within a specified timeframe.

Rover Motors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established