Surf City Coaches Pty Ltd t/as Bus IT Queensland

The applicant, Surf City Coaches Pty Ltd trading as Bus IT Queensland, sought approval of the Bus IT Queensland Employees Enterprise Agreement 2013 from the Fair Work Commission. The Union objected to the proposed agreement, raising concerns about several provisions, including the confidentiality clause, redundancy, suitable alternative employment, and breaches of vehicle regulations. The court was tasked with determining whether the agreement complied with the Better Off Overall Test (BOOT) and whether it adequately covered the National Employment Standards.

The Fair Work Commission examined the Union's objections and the applicant's responses. The court found that while some provisions were contentious, the overall agreement was beneficial to the employees. The confidentiality clause was deemed acceptable, as it was necessary to protect sensitive business information. The redundancy and suitable alternative employment provisions were also considered appropriate, with the court noting the applicant's undertaking to provide support to affected employees. The court accepted that the breaches of vehicle regulations were inadvertent and did not materially affect the employees' conditions. The Union's coverage objection was dismissed, as the court found the agreement to be comprehensive in its coverage of employees.

In conclusion, the Fair Work Commission approved the Bus IT Queensland Employees Enterprise Agreement 2013, subject to specific undertakings by the applicant. These undertakings included providing further information about the confidentiality clause, ensuring compliance with vehicle regulations, and offering support to employees affected by redundancy. The court was satisfied that the agreement met the BOOT and provided adequate protection of the National Employment Standards.