Seapost Pty Ltd T/A Dion’s Bus Service

[2022] FWCA 2698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seapost Pty Ltd T/A Dion’s Bus Service

(AG2022/3058)

Seapost Pty Ltd Trading as Dion’s Bus Service and Transport Workers’ Union of Australia Fair Work Agreement 2022

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT EASTON	SYDNEY, 10 AUGUST 2022

Application for approval of the Seapost Pty Ltd Trading as Dion’s Bus Service and Transport Workers’ Union of Australia Fair Work Agreement 2022.

Seapost Pty Ltd T/A Dion's Bus Service (the Employer) has made an application for the approval of the Seapost Pty Ltd Trading as Dion’s Bus Service and Transport Workers’ Union of Australia Fair Work Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The Transport Workers’ Union of Australia (TWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Seapost Pty Ltd, trading as Dion’s Bus Service, and the Transport Workers' Union of Australia. The dispute centred on the approval of a Fair Work Agreement (FWA) proposed by the parties. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal. The FWA in question aimed to regulate employment conditions between the bus service and its drivers.

The primary legal issue before the Commission was whether the proposed FWA complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the good faith bargaining requirement and if it contained the minimum terms and conditions mandated by the Act. The Commission also needed to consider whether the agreement provided fair and reasonable terms for the employees, taking into account their interests and the industry context.

In assessing the agreement, the Commission found that both parties had engaged in good faith bargaining. The proposed terms and conditions were considered fair and reasonable, addressing the needs of both employers and employees. The Commission noted that the agreement included provisions for wages, hours of work, and other employment conditions that aligned with industry standards and statutory requirements. Consequently, the Commission approved the FWA, finding it to be in the best interests of both parties and compliant with the Fair Work Act.

The Fair Work Commission approved the Seapost Pty Ltd Trading as Dion’s Bus Service and Transport Workers’ Union of Australia Fair Work Agreement 2022, effective from the date of the decision. The agreement was deemed to provide fair and reasonable terms for the employees while meeting the statutory requirements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established