DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seapost Pty Ltd T/A Dion’s Bus Service
(AG2019/4912)

SEAPOST PTY LTD TRADING AS DION’S BUS SERVICE AND TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2019

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CROSS	SYDNEY, 3 APRIL 2020

Application for approval of the Seapost Pty Ltd Trading as Dion’s Bus Service and Transport Workers’ Union of Australia Fair Work Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Seapost Pty Ltd Trading as Dion’s Bus Service and Transport Workers’ Union of Australia Fair Work Agreement 2019 (‘the Agreement’). The application was made by Seapost Pty Ltd T/A Dion’s Bus Service (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Transport Workers’ Union of Australia (‘the TWU’), have given notice under
s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the TWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. 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

Seapost Pty Ltd, trading as Dion’s Bus Service, applied to the Fair Work Commission for the approval of the Transport Workers’ Union of Australia Fair Work Agreement 2019. The Union represented bus drivers employed by Seapost. The dispute centred on the terms and conditions of employment, including pay rates, working hours, and other employment-related matters as outlined in the proposed agreement. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary standards for approval.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements for approval under the Fair Work Act, and whether it met the ‘better off overall test’. This test ensures that employees are not worse off financially by the terms of the agreement compared to their previous conditions. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it adhered to the provisions for the protection of employees' rights.

The Commission found that the agreement was properly made in good faith and satisfied the formal requirements of the Fair Work Act. It also determined that the agreement was better off overall for the employees, as it provided for improved conditions and pay. The Commission noted that the agreement included provisions for fair treatment, adequate rest periods, and enhanced remuneration, which collectively met the better off overall test. The Commission approved the agreement, acknowledging the balance it struck between the rights of the employees and the operational needs of the employer.

The Fair Work Commission approved the Transport Workers’ Union of Australia Fair Work Agreement 2019, finding it to be in compliance with the statutory requirements and meeting the better off overall test. The agreement was deemed to be made in good faith and was considered to protect the rights of the employees adequately.

Seapost Pty Ltd T/A Dion’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