DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seymour Passenger Service Pty Ltd T/A Seymour Coaches
(AG2020/1739)

SEYMOUR PASSENGERS SERVICE (T/A SEYMOUR COACHES) ENTERPRISE AGREEMENT 2020

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 AUGUST 2020

Application for approval of the SEYMOUR PASSENGERS SERVICE (t/a Seymour Coaches) ENTERPRISE AGREEMENT 2020.

[1] An application has been made for approval of an enterprise agreement known as SEYMOUR PASSENGERS SERVICE (t/a Seymour Coaches) ENTERPRISE AGREEMENT 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Seymour Passenger Service Pty Ltd T/A Seymour Coaches (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are 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 25 August 2020. The nominal expiry date of the Agreement is 18 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Seymour Passenger Service Pty Ltd, trading as Seymour Coaches, sought approval of their 2020 Enterprise Agreement under the Fair Work Act 2009. The dispute arose from the negotiation process and the contents of the proposed agreement, with the Australian Council of Trade Unions (ACTU) opposing the application. The case was heard in the Fair Work Commission, with the central issue being whether the agreement met the legal requirements for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the agreement, as proposed by Seymour Coaches, adhered to the procedural and substantive requirements outlined in the Act. This included assessing the fairness of the negotiation process and the contents of the agreement, such as terms related to employee rights, wages, and working conditions. The Commission needed to determine whether the agreement complied with the "better off overall test" and whether it was made in good faith.

The Fair Work Commission found that the negotiation process was conducted in good faith and that the agreement met the procedural requirements. The Commission also concluded that the agreement was fair and balanced, meeting the "better off overall test." The terms of the agreement were deemed reasonable and necessary for the efficient operation of the business. Consequently, the Commission approved the proposed Enterprise Agreement, finding that it complied with the statutory requirements and was in the best interests of the employees and the employer.

The Fair Work Commission's final order was the approval of the SEYMOUR PASSENGERS SERVICE (t/a Seymour Coaches) ENTERPRISE AGREEMENT 2020, effective from the date of the decision. The Commission's determination ensures that the agreement will govern the employment conditions of the employees of Seymour Coaches, subject to the ongoing obligations under the Fair Work Act.

Seymour Passenger Service Pty Ltd T/A Seymour Coaches

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established