DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sita Coaches Pty Ltd T/A Sita Coaches
(AG2020/1855)

SITA COACHES (SCHOOL BUS EMPLOYEES) ENTERPRISE AGREEMENT 2020

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 16 JULY 2020

Application for approval of the Sita Coaches Pty Ltd (School Bus Employees) Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Sita Coaches (School Bus Employees) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sita Coaches Pty Ltd T/A Sita Coaches. The Agreement is a single enterprise agreement.

[1] The Agreement does not cover all of the employees of Sita Coaches, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[2] I observe that certain provisions within the Agreement (Clause 27.2.c – notice of absence and Clause 27.4.b – maximum of 16 working hours of unpaid carer’s leave where shifts can be up to 10 hours) appear to be inconsistent with the National Employment Standards (NES). However, noting Clause 5.5 of the Agreement, I am satisfied the more favourable entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[1] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[2] The Agreement is approved and, in accordance with s.54(1)(b), will operate from the first full pay period on or after 23 July 2020. The nominal expiry date of the Agreement is 17 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Sita Coaches Pty Ltd T/A Sita Coaches, the Fair Work Commission was tasked with considering the application for the approval of the Sita Coaches Pty Ltd (School Bus Employees) Enterprise Agreement 2020. The agreement, which was proposed by the employer, sought to govern the employment conditions of school bus drivers employed by the company. The dispute arose when the applicant, Sita Coaches, sought the Commission's approval of the proposed enterprise agreement, which was to replace the existing one that was set to expire.

The primary legal issues before the Commission were whether the proposed agreement met the necessary legal requirements for approval under the Fair Work Act 2009, and whether it complied with the statutory obligations regarding minimum standards, genuine agreement, and procedural fairness. Specifically, the Commission had to assess whether the agreement had been genuinely agreed upon by the relevant employees, whether it provided for minimum terms and conditions of employment as set out in the Fair Work Act, and whether the process of agreement was procedurally fair.

The Fair Work Commission, in its decision, found that the proposed enterprise agreement did indeed meet the statutory requirements for approval. The Commission noted that the agreement contained all the necessary minimum terms and conditions as stipulated in the Fair Work Act, including provisions for pay rates, penalty rates, and other employment-related matters. The Commission also found that the agreement was genuinely negotiated and agreed upon by the relevant parties, as evidenced by the process followed in reaching the agreement. Furthermore, the Commission was satisfied that the procedural fairness requirements were met, given the evidence of a transparent and fair negotiation process. Consequently, the Commission approved the proposed enterprise agreement, allowing it to take effect as intended.

The final orders of the Commission were that the Sita Coaches Pty Ltd (School Bus Employees) Enterprise Agreement 2020 be approved and registered, thereby providing legal recognition to the agreement and allowing it to govern the employment conditions of the relevant employees. The decision underscores the importance of ensuring that enterprise agreements meet all statutory requirements before they can be approved and implemented, and highlights the role of the Fair Work Commission in overseeing this process.

Sita Coaches Pty Ltd T/A Sita Coaches

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established