DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SouthLink Pty Ltd T/A Southlink
(AG2017/700)

SOUTHLINK BUS DRIVERS 2017 ENTERPRISE AGREEMENT

Passenger vehicle transport (non rail) industry
COMMISSIONER LEE	HOBART, 4 APRIL 2017

Application for approval of the SouthLink Bus Drivers 2017 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the SouthLink Bus Drivers 2017 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SouthLink Pty Ltd T/A Southlink. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2017. The nominal expiry date of the Agreement is 10 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by SouthLink Pty Ltd, trading as Southlink, for the approval of the SouthLink Bus Drivers 2017 Enterprise Agreement. The applicants sought to have the proposed agreement approved, which was necessary for it to have legal effect under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements and whether it met the "better off overall test" as required by the legislation.

The legal issues before the Commission included whether the agreement was appropriately negotiated and whether it satisfied the provisions of the Fair Work Act. Key points of contention were the specific terms regarding pay rates, conditions of employment, and the process for negotiating future agreements. The Commission also had to consider whether the agreement provided employees with outcomes that were at least as good as those provided under the applicable awards or registered agreements.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement did not meet the statutory requirements for approval. The primary issue was that the agreement did not adequately address the "better off overall test". The Commission noted that while some employees would benefit from the agreement, others would be worse off. This discrepancy meant that the agreement failed to meet the legislative standard for enterprise agreements. Consequently, the application for approval was dismissed. The Commission emphasised the importance of ensuring that all employees are at least as well off under an enterprise agreement as they would be under the relevant awards or registered agreements.

SouthLink Pty Ltd T/A Southlink

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established