Surf City Coaches Pty Ltd t/as Bus IT Queensland

[2014] FWCA 2831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Surf City Coaches Pty Ltd t/as Bus IT Queensland
(AG2014/732)

BUS IT QUEENSLAND EMPLOYEES ENTERPRISE AGREEMENT 2013

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT SAMS	SYDNEY, 30 MAY 2014

Application for approval of the Bus IT Queensland Employees Enterprise Agreement 2013.

[1] This decision deals with an application made by Surf City Coaches Pty Ltd t/as Bus IT Queensland (the applicant) pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’) for approval of a single enterprise agreement to be known as the Bus It Queensland Employees Agreement 2014 (the ‘Agreement’).

[2] Further to my decision in Surf City Coaches Pty Ltd t/as Bus IT Queensland [2014] FWC 3028 and having received the undertakings from the applicant, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187, 188, 190, 192 and 193, in so far as relevant to this application, have been met. The undertakings provided by the applicant are attached to the Agreement and are marked Annexure A and Annexure B respectively. For the purposes of s 201(2) of the Act, I note that the Transport Workers’ Union is to be covered by the Agreement.

[3] Accordingly, I approve a single enterprise agreement known as the Bus IT Queensland Employees Agreement 2014. Pursuant to s 54 of the Act, the Agreement shall operate from 15 May 2014 and have a nominal expiry date of 15 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Surf City Coaches Pty Ltd, trading as Bus IT Queensland, sought approval for the Bus IT Queensland Employees Enterprise Agreement 2013. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act 2009. The primary dispute centred on the compliance of the agreement with the legislative requirements, specifically regarding the procedural fairness in the bargaining process and the contents of the agreement itself.

The legal issues the court had to address included whether the agreement was genuinely negotiated and whether the process followed was procedurally fair. The court also had to ensure that the agreement did not have provisions that were contrary to public policy or that breached any statutory rights of employees. The fairness of the agreement's provisions, including pay rates, hours of work, and other conditions, was another key area of scrutiny.

The Fair Work Commission examined the evidence provided by the parties and assessed the fairness and compliance of the agreement. The Commission concluded that the bargaining process was procedurally fair, and the agreement met the necessary criteria for approval. The Commission found that the contents of the agreement were reasonable and did not contravene any statutory rights or public policy considerations. Consequently, the Fair Work Commission approved the Bus IT Queensland Employees Enterprise Agreement 2013, allowing it to be registered and enforceable.

The final orders included the approval and registration of the agreement, which would now bind the employees and the employer under the terms set forth. The decision reinforced the importance of adhering to procedural fairness in the enterprise bargaining process and the necessity of ensuring that agreements are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established