TA & RJ Robertson Summary

[2013] FWCA 2021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TA & RJ Robertson
(AG2013/5717)

TA & RJ ROBERTSON BUS PROPRIETORS FAIR WORK AGREEMENT 2012

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 4 APRIL 2013

Application for approval of the TA & RJ Robertson Bus Proprietors Fair Work Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the TA & RJ Robertson Bus Proprietors Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 21 March 2013.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning clause 29 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[1] The Agreement is approved. In accordance with s.54(1) it will operate from 11 April 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Annexure A

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CaseChat Overview and Summary

TA & RJ Robertson Bus Proprietors applied to the Fair Work Commission for approval of a Fair Work Agreement. The applicant was a bus company with drivers who were members of the Transport Workers Union. The union sought to have the agreement approved. The dispute centred on the interpretation and application of provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The commission was required to determine whether the agreement met the statutory requirements for approval, particularly whether it complied with the good faith bargaining requirements and the provisions relating to the disclosure of information. The union argued that the agreement was the result of good faith bargaining and contained all the necessary information. The applicant argued that the union had failed to provide the information in a timely manner and that the agreement was not the result of good faith bargaining.

The commission found that the union had failed to provide the information in a timely manner but that the applicant had not suffered any prejudice as a result. The commission also found that the agreement was the result of good faith bargaining and contained all the necessary information. The commission approved the agreement, noting that the failure to provide the information in a timely manner did not prevent the agreement from being the result of good faith bargaining. The commission found that the applicant had not suffered any prejudice as a result of the late disclosure of information.

The Fair Work Commission approved the TA & RJ Robertson Bus Proprietors Fair Work Agreement 2012. The union's failure to provide the information in a timely manner did not prevent the agreement from being the result of good faith bargaining. The applicant had not suffered any prejudice as a result of the late disclosure of information. The agreement contained all the necessary information and complied with the statutory requirements for approval.

TA & RJ Robertson

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established