DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sapphire Coast Buslines T/A South Coast Transit
(AG2016/6927)

SAPPHIRE COAST BUSLINES FAIR WORK AGREEMENT 2016

Passenger vehicle transport (non rail) industry
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the Sapphire Coast Buslines Fair Work Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sapphire Coast Buslines Fair Work Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sapphire Coast Buslines T/A South Coast Transit. The Agreement is a single enterprise agreement.

[2] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by Sapphire Coast Buslines T/A South Coast Transit for the approval of a Fair Work Agreement 2016. The matter was heard in the Fair Work Commission, with the applicant seeking the endorsement of the agreement to ensure compliance with the Fair Work Act 2009. The agreement, which was intended to regulate employment conditions for workers within the company, was contested by the union, which raised several objections regarding the terms and conditions set out within the agreement.

The primary legal issue the court had to address was whether the Fair Work Agreement 2016 complied with the statutory requirements outlined in the Fair Work Act 2009. The union argued that certain provisions within the agreement were unfair and did not adequately protect the rights of the employees. The court needed to determine if the agreement met the criteria for approval under the Act, particularly focusing on whether it provided for fair and reasonable terms and conditions of employment.

In reaching its decision, the Fair Work Commission examined the specific provisions of the agreement that were in contention. The Commission assessed the fairness of the terms in relation to minimum wage standards, leave entitlements, and other employment conditions. The court found that, while some provisions required minor amendments to better align with the requirements of the Fair Work Act, the overall agreement was fair and reasonable. Consequently, the Commission approved the agreement with certain modifications to address the union's concerns.

The Fair Work Commission's final order was to approve the Fair Work Agreement 2016, subject to the amendments necessary to address the union's objections. The court mandated that the applicant make the specified changes to the agreement and submit the revised version for endorsement, ensuring that it met all legal standards for fair and reasonable terms and conditions of employment.

Sapphire Coast Buslines T/A South Coast Transit

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established