DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surfside Buslines Pty Ltd T/A Surfside Buslines
(AG2019/1466)

SURFSIDE BUSLINES FLEET ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER JOHNS	SYDNEY, 11 JUNE 2019

Application for approval of the Surfside Buslines Fleet Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Surfside Buslines Fleet Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Surfside Buslines Pty Ltd T/A Surfside Buslines. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[4] 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.

[5] Clause 30.5 provides for a range of deductions from an employee’s final pay. Although it presents no barrier to the Agreement being approved, it is possible that the clause does not fall within the scope of the permissible deductions outlined within s.324 of the Act. If that is correct, then the clause will have no effect pursuant to s.326(1) of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Surfside Buslines Pty Ltd, trading as Surfside Buslines, and the Fair Work Commission. The dispute pertained to the application for approval of the Surfside Buslines Fleet Enterprise Agreement 2019. The case was heard in the Fair Work Commission, a federal administrative tribunal in Australia, established under the Fair Work Act 2009. The Commission's role includes the approval of enterprise agreements, which are agreements between employers and employees that set out terms and conditions of employment.

The central legal issues in this case revolved around whether the Surfside Buslines Fleet Enterprise Agreement 2019 met the statutory requirements for approval under the Fair Work Act. The Commission had to determine if the agreement provided for a fair and equitable resolution of employees' terms and conditions, and if it was made in good faith. Additionally, the Commission assessed whether the agreement included a sufficient process for resolving disputes and whether it adhered to the 'better off overall test', which ensures employees are not worse off under the new agreement than they were under their previous terms.

The Fair Work Commission carefully examined the provisions of the Surfside Buslines Fleet Enterprise Agreement 2019, considering the balance of rights and obligations between the parties. It assessed the fairness and adequacy of the agreement in terms of employee protections and the negotiation process. The Commission found that the agreement satisfied the statutory criteria, including the better off overall test, and was made in good faith. Consequently, the Commission approved the agreement, acknowledging its fairness and compliance with the relevant legislative requirements.

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