DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sita Coaches Pty Ltd T/A Sita Coaches
(AG2021/3942)

SITA COACHES CHARTER DRIVERS ENTERPRISE AGREEMENT 2020

Passenger vehicle transport (non rail) industry
COMMISSIONER YILMAZ	MELBOURNE, 11 MARCH 2021

Application for approval of the Sita Coaches Charter Drivers Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sita Coaches Charter Drivers 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.

[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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 18 March 2021. The nominal expiry date of the Agreement is 10 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sita Coaches Pty Ltd, trading as Sita Coaches, was involved in a dispute concerning the approval of the Sita Coaches Charter Drivers Enterprise Agreement 2020. This matter was brought before the Fair Work Commission, which is tasked with resolving workplace relations disputes in Australia. The crux of the dispute was whether the enterprise agreement in question complied with the relevant legislative framework and whether it was in the best interests of the employees and the employer.

The primary legal issues that the Commission needed to address were whether the agreement met the statutory requirements outlined in the Fair Work Act 2009, and whether it was fair and appropriate in terms of its provisions for the employees and the employer. The Commission also needed to consider whether the agreement was appropriately negotiated and whether there was adequate consultation between the parties involved.

In its decision, the Commission analysed the provisions of the agreement and found that it complied with the statutory requirements. It determined that the agreement was fair and appropriate, taking into account the specific circumstances of the employees and the employer. The Commission also found that the agreement was appropriately negotiated and that there had been adequate consultation between the parties. As a result, the Fair Work Commission approved the Sita Coaches Charter Drivers Enterprise Agreement 2020. This approval ensures that the agreement will govern the employment conditions of the drivers for the specified period and that it will be enforceable under the Fair Work Act 2009.

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