DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SkyBus (QLD) Pty Ltd T/A SkyBus
(AG2018/6610)

SKYBUS QLD PTY LTD ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
COMMISSIONER BISSETT	MELBOURNE, 1 MAY 2019

Application for approval of the SkyBus QLD Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SkyBus QLD Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SkyBus (QLD) Pty Ltd T/A SkyBus. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] 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.

[5] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant SkyBus (QLD) Pty Ltd, trading as SkyBus, sought approval of the Enterprise Agreement 2018, which it had negotiated with its employees represented by the Australian Licensed Aircraft Engineers Association (ALAEA). The dispute centred on whether the proposed agreement complied with the statutory requirements and whether it was fair and reasonable in all its terms.

The primary legal issues before the Commission were whether the Enterprise Agreement 2018 met the necessary criteria for approval under the Fair Work Act 2009. This included examining if the agreement contained all the mandated terms, if it was free from prohibited content, and whether it was procedurally sound. Additionally, the fairness and reasonableness of the agreement's terms needed to be assessed to ensure they were not excessively harsh or discriminatory.

The Fair Work Commission determined that the agreement met the statutory requirements and was fair and reasonable. The Commission considered the comprehensive nature of the agreement, the absence of prohibited content, and the procedural fairness in its negotiation. The Commission concluded that the agreement was not unduly harsh, as it provided reasonable protections and benefits to the employees, and it was not discriminatory. Therefore, the application for approval was successful.

The Fair Work Commission approved the Enterprise Agreement 2018, allowing it to come into effect from the specified date. This decision provided certainty and stability in the employment relationship between SkyBus and its employees, ensuring that the terms of the agreement were legally sound and fair.

SkyBus (QLD) Pty Ltd T/A SkyBus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established