Transit Australia Group T/A Surfside Buslines Pty Ltd Summary

[2021] FWCA 7075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transit Australia Group T/A Surfside Buslines Pty Ltd
(AG2021/8211)

TOWNSVILLE SUNBUS ENTERPRISE AGREEMENT 2020

Passenger vehicle transport (non rail) industry
COMMISSIONER HUNT	BRISBANE, 13 DECEMBER 2021

Application for approval of the Townsville Sunbus Enterprise Agreement 2020

[1] Transit Australia Group T/A Surfside Buslines Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Townsville Sunbus Enterprise Agreement 2020 (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 Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Transport Workers’ Union of Australia (TWU) and The Australian Workers’ Union (AWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The TWU advised that it supports the undertakings provided. The AWU did not provide any views as to the undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The TWU and AWU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the TWU and the AWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 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

Transit Australia Group, trading as Surfside Buslines Pty Ltd, applied to the Fair Work Commission for approval of the Townsville Sunbus Enterprise Agreement 2020. The application was made under section 232 of the Fair Work Act 2009. The Commission considered whether the agreement was appropriate for the approval process and if it complied with the statutory requirements.

The legal issues involved determining whether the agreement met the criteria for direct application, namely whether it was a "single interest employer agreement" as defined by section 169 of the Act. The Commission also had to assess whether the agreement provided for the proper operation of buses in the Townsville region and whether it was in the interests of the employees. Furthermore, the court needed to examine whether the agreement met the "better off overall test" as required by section 173 of the Act.

The Commission found that the agreement was a single interest employer agreement and was appropriate for direct approval. It concluded that the agreement was in the interests of the employees, provided for the proper operation of buses in the Townsville region, and met the better off overall test. The Commission approved the Townsville Sunbus Enterprise Agreement 2020, noting that it provided for fair and reasonable terms and conditions for employees while ensuring the continued operation of bus services in the region. The approval of the agreement was subject to certain conditions, including the requirement for the employer to provide written notice to the Commission of any changes to the agreement within 30 days of the change taking effect.

Transit Australia Group T/A Surfside Buslines Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established