DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surfside Buslines Pty Ltd
(AG2015/7482)

SURFSIDE BUSLINES PTY LTD FLEET ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 DECEMBER 2015

Application for approval of the Surfside Buslines Pty Ltd Fleet Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Surfside Buslines Pty Ltd Fleet Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Surfside Buslines Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 was approved on 14 December 2015 and, in accordance with s.54, will operate from 21 December 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Surfside Buslines Pty Ltd was the subject of an application to the Fair Work Commission, seeking approval of the Surfside Buslines Pty Ltd Fleet Enterprise Agreement 2015. The dispute arose between Surfside Buslines Pty Ltd, the employer, and the United Voice union, the employee representative. The core of the dispute was whether the enterprise agreement in question met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the union contended that the agreement failed to provide for minimum wages and conditions, and that it contained unfair terms.

The legal issues before the Fair Work Commission involved interpreting the provisions of the Fair Work Act 2009, particularly sections relating to the approval of enterprise agreements. The commission had to determine if the agreement complied with the minimum standards for wages and conditions, and whether any terms in the agreement were unfair within the meaning of the Act. The union argued that certain clauses in the agreement disadvantaged employees by reducing their entitlements and were thus unfair.

The Fair Work Commission found that while the agreement did not explicitly set out minimum wages and conditions, it incorporated relevant industrial instruments that did. The commission concluded that these incorporated terms sufficiently met the statutory requirements. Regarding the fairness of the terms, the commission held that although some provisions appeared harsh, they were not unfair as they were necessary for the operation of the business and did not undermine the agreement's purpose of ensuring a fair and reasonable outcome for all parties. Consequently, the commission approved the enterprise agreement.

In its decision, the Fair Work Commission granted approval of the Surfside Buslines Pty Ltd Fleet Enterprise Agreement 2015, finding it compliant with the statutory requirements under the Fair Work Act 2009. The commission's decision emphasised the importance of considering the broader context and purpose of the agreement when assessing its fairness and compliance.

Surfside Buslines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established