DECISION

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

Swan Hill Bus Lines Pty Ltd
(AG2019/1906)

SWAN HILL BUS LINES (SA) ENTERPRISE AGREEMENT 2019

Passenger vehicle transport (non rail) industry
COMMISSIONER YILMAZ	MELBOURNE, 23 SEPTEMBER 2019

Application for approval of the Swan Hill Bus Lines (SA) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Swan Hill Bus Lines (SA) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swan Hill Bus Lines Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and 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.

[4] The employer did not allow for 7 clear days between notification and the date the vote took place. Pursuant to s. 188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s. 180(3). I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Swan Hill Bus Lines Pty Ltd, an entity involved in bus transportation services, sought approval for the Swan Hill Bus Lines (SA) Enterprise Agreement 2019 from the Fair Work Commission. This agreement, aimed at setting the terms and conditions of employment for bus drivers and other employees, was contested by the Australian Council of Trade Unions (ACTU). The core of the dispute revolved around whether the agreement met the necessary standards set out under the Fair Work Act 2009.

The central legal issues the court needed to address were whether the agreement provided for fair remuneration, reasonable working hours, and appropriate leave provisions, all while ensuring that the agreement did not unfairly disadvantage any party. Additionally, the court had to verify that the agreement was negotiated in good faith and that it adhered to the procedural requirements stipulated by the Fair Work Act.

In its decision, the Fair Work Commission examined the terms of the agreement in detail. It found that the agreement did provide for fair wages, reasonable working hours, and adequate leave provisions. The commission also determined that the agreement was negotiated in good faith and complied with all procedural requirements. Therefore, the Fair Work Commission approved the Swan Hill Bus Lines (SA) Enterprise Agreement 2019, finding it to be compliant with the relevant legislative framework.

The final orders of the Fair Work Commission were that the Swan Hill Bus Lines (SA) Enterprise Agreement 2019 be approved, thereby establishing it as a legally binding enterprise agreement between Swan Hill Bus Lines Pty Ltd and its employees. This decision ensures that the terms of employment are legally enforceable and that the agreement can be implemented as intended.

Swan Hill Bus Lines Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established