DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Entrance Red Bus Services Pty Ltd T/A Red Bus
(AG2020/4041)

THE ENTRANCE RED BUS SERVICES BUS DRIVERS ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 1 FEBRUARY 2021

Application for approval of the Entrance Red Bus Services Bus Drivers Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Entrance Red Bus Services Bus Drivers Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Entrance Red Bus Services Pty Ltd T/A Red Bus. 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 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Entrance Red Bus Services Pty Ltd, trading as Red Bus, applied to the Fair Work Commission for approval of the Entrance Red Bus Services Bus Drivers Enterprise Agreement 2020. The respondent, the Transport Workers Union of Australia, opposed the application on the grounds that the agreement did not meet the legal requirements for approval. The matter was heard by Deputy President A J Dadds.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the procedural requirements for approval. The opposition centred on whether the agreement was genuinely negotiated and whether it included the necessary minimum terms and conditions as prescribed by law. The Commission was required to determine if the agreement was in the best interests of the employees it covered.

In examining the evidence, the Commission noted that the agreement was the result of genuine negotiations between the parties and contained all the mandated minimum terms and conditions. It found that the process followed in reaching the agreement was fair and that the terms were reasonable and in the best interests of the employees. Consequently, the Deputy President concluded that the agreement should be approved as it met the statutory requirements and was beneficial to the employees. The application was thus successful.

The final order of the Fair Work Commission was that the Entrance Red Bus Services Bus Drivers Enterprise Agreement 2020 be approved. The agreement was to be registered with the Fair Work Commission and would come into effect from the date of the decision. The Transport Workers Union of Australia's opposition was dismissed.

The Entrance Red Bus Services Pty Ltd T/A Red Bus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established