Seapost Pty Ltd T/A Dion's Bus Service Summary

[2013] FWCA 1723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Seapost Pty Ltd T/A Dion's Bus Service
(AG2013/5267)

DION'S BUS SERVICE AND THE TRANSPORT WORKERS' UNION OF AUSTRALIA FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HARRISON	MELBOURNE, 21 MARCH 2013

Application for approval of the Dion's Bus Service and the Transport Workers' Union of Australia Fair Work Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Dion's Bus Service and the Transport Workers' Union of Australia Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] An undertaking concerning clause 29 and 37 has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 28 March 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Annexure APrinted by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were Seapost Pty Ltd trading as Dion's Bus Service, and the Transport Workers' Union of Australia. The matter was before the Australian Industrial Relations Commission (AIRC), which was asked to decide on the approval of a proposed Fair Work Agreement. The Transport Workers' Union of Australia sought the commission's approval of the agreement, which was intended to govern the terms and conditions of employment of the drivers and other workers employed by Dion's Bus Service. The legal issues that the commission had to resolve included whether the agreement was in the public interest, whether it provided for appropriate minimum wages and conditions of employment, and whether the agreement had been made in good faith and without coercion. The commission also had to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. After considering the evidence presented by both parties, the commission found that the agreement was in the public interest and provided for appropriate minimum wages and conditions of employment. The commission also found that the agreement had been made in good faith and without coercion, and that it complied with the relevant provisions of the Fair Work Act 2009. Accordingly, the commission approved the agreement, subject to certain modifications that were necessary to bring it into compliance with the Act. The final orders of the commission included the approval of the agreement, with the modifications that were made, and the registration of the agreement as a registered agreement under the Fair Work Act 2009.

Seapost Pty Ltd T/A Dion's Bus Service

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established