DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surfside Buslines Pty Ltd T/A Surfside Buslines
(AG2018/7077)

SURFSIDE BUSLINES PTY LTD UNION ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 28 MAY 2019

Application for approval of the Surfside Buslines Pty Ltd Union Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Surfside Buslines Pty Ltd Union 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 Surfside Buslines Pty Ltd T/A Surfside Buslines. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 4 June 2019. The nominal expiry date of the Agreement is 30 September 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Surfside Buslines Pty Ltd, trading as Surfside Buslines, brought an application for the approval of the Surfside Buslines Pty Ltd Union Enterprise Agreement 2018. The matter was heard by the Fair Work Commission, specifically by Commissioner J. M. Richardson. The primary dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The application hinged on whether the agreement contained all the necessary terms and conditions, and whether it complied with the relevant legislative provisions.

The legal issues before the court included whether the enterprise agreement contained all the prescribed minimum terms and conditions as required by section 235 of the Act. It was also necessary to determine if the agreement met the procedural requirements, including whether the agreement had been fairly negotiated and if the prescribed process was followed in reaching the agreement. The court had to consider if the agreement provided for genuine collective bargaining and if it complied with any relevant industrial instruments.

In assessing the application, the Commissioner noted that the enterprise agreement had been negotiated in good faith and contained all the prescribed minimum terms and conditions. The Commissioner found that the agreement complied with the procedural requirements set out in the Act, including the involvement of the relevant union. The Commissioner also confirmed that the agreement provided for genuine collective bargaining and that it did not contradict any relevant industrial instruments. Accordingly, the Commissioner approved the Surfside Buslines Pty Ltd Union Enterprise Agreement 2018.

Surfside Buslines Pty Ltd T/A Surfside Buslines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established