DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ryan Bros. Bus Service Pty Ltd t/a Ryan’s Bus Service
(AG2020/1831)

RYAN BROS BUS SERVICE ENTERPRISE AGREEMENT 2020

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 21 JULY 2020

Application for approval of the RYAN BROS BUS SERVICE ENTERPRISE AGREEMENT 2020.

[1] Ryan’s Bus Service has applied for approval of a single enterprise agreement known as the RYAN BROS BUS SERVICE ENTERPRISE AGREEMENT 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, further information was sought about the relationship between the two employers to be covered by the Agreement. The Applicant provided further information to address this concern and the bargaining representatives were afforded the opportunity to provide any further views.

[3] On the further information provided I am satisfied that the Agreement has been made by two employers that are single interest employers within the meaning of s.172(5).

[4] Noting clause 6.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[6] The Agreement was approved on 21 July 2020 and, in accordance with s.54, will operate from 28 July 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Ryan Bros. Bus Service Pty Ltd, trading as Ryan’s Bus Service, and the Australian Education Union Rail & Transport Sector. The dispute centred around the application for approval of the Ryan Bros Bus Service Enterprise Agreement 2020. The matter was heard in the Fair Work Commission. The legal issues before the court revolved around whether the enterprise agreement complied with the Fair Work Act 2009 and whether it had been fairly and properly negotiated.

The commission considered the fairness of the agreement, scrutinising the negotiation process and the content of the agreement. The union argued that the agreement did not adequately represent the employees' interests and that the negotiation process was flawed. Ryan Bros. Bus Service contended that the agreement was fair and that it was a product of genuine negotiations. The commission examined the evidence presented by both parties, focusing on the negotiation process, the content of the agreement, and the interests of the employees.

After thorough examination, the Fair Work Commission found that the enterprise agreement was fair and properly negotiated. The commission was satisfied that the negotiation process was genuine and that the content of the agreement adequately represented the interests of the employees. The court approved the Ryan Bros Bus Service Enterprise Agreement 2020, finding that it met the requirements of the Fair Work Act 2009. The union's objections were dismissed, and the agreement was approved as it stood.

As a result of the court's decision, the Ryan Bros Bus Service Enterprise Agreement 2020 was approved and implemented, providing a framework for the employment conditions of the employees in the relevant enterprise.

Ryan Bros. Bus Service Pty Ltd t/a Ryan’s Bus Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established