Rover Motors Pty Ltd Summary

[2022] FWCA 758

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Rover Motors Pty Ltd

(AG2022/15)

rover bus drivers enterprise agreement 2021

Passenger vehicle transport (non rail) industry
Commissioner Matheson	SYDNEY, 2 MARCH 2022

Application for approval of the Rover Bus Drivers Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the Rover Bus Drivers Enterprise Agreement 2021 (Agreement). The application was made by Rover Motors Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rover Motors Pty Ltd was before the Fair Work Commission, where the company sought approval of the Rover Bus Drivers Enterprise Agreement 2021. The applicant argued that the agreement was in the best interests of the employees and met the statutory criteria for approval under the Fair Work Act 2009. The primary legal issue for the Commission to decide was whether the agreement complied with the statutory requirements for enterprise agreements and whether it met the 'better off overall test' under section 186 of the Fair Work Act. This test requires that employees be no worse off financially and have at least one improved condition of employment.

The Commission examined the provisions of the proposed agreement, considering the balance of rights and obligations, the adequacy of the agreement in terms of pay and conditions, and whether the agreement met the statutory criteria. The Commission noted the evidence provided by both parties and the submissions made regarding the economic impact and the practical implications of the agreement on the employees and the business. In its reasoning, the Commission concluded that the proposed agreement met the statutory requirements and passed the 'better off overall test', as it provided for improved conditions of employment and did not leave the employees worse off financially. Consequently, the Commission approved the Rover Bus Drivers Enterprise Agreement 2021, finding that it was in the best interests of the employees.

The final orders of the Commission were that the Rover Bus Drivers Enterprise Agreement 2021 be approved and registered as a certified agreement under the Fair Work Act. The approval was contingent upon the agreement being lodged with the Commission within 14 days of the decision. This ruling ensures that the terms of the agreement will apply to the relevant employees from the date of registration, providing a stable and agreed framework for their employment conditions.

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