DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Transit Australia Pty Ltd
(AG2019/490)

CAPRICORN COAST SUNBUS UNION ENTERPRISE AGREEMENT 2016

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 28 MARCH 2019

Termination of the Capricorn Coast Sunbus Union Enterprise Agreement 2016.

[1] On 27 February 2019, Transit Australia Pty Ltd applied for the termination of the Capricorn Coast Sunbus Union Enterprise Agreement 2016 (the Agreement), under s.222 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.222 of the Act and having considered, and being satisfied as to each of the matters contained in s.223 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transit Australia Pty Ltd, an employer, faced a dispute with the union representing its bus drivers, the Transport Workers Union of Australia. The crux of the matter was the termination of the Capricorn Coast Sunbus Union Enterprise Agreement 2016, which had previously governed the terms and conditions of employment for the bus drivers. The Fair Work Commission was the forum where this issue was resolved.

The legal issues before the Commission included whether Transit Australia had lawfully exercised its right to terminate the enterprise agreement under section 234 of the Fair Work Act 2009. It also involved examining whether the union had fulfilled its obligations to bargain in good faith as required by the same Act. Additionally, the Commission had to consider whether any transitional provisions or redundancy payments were applicable following the termination.

The Commission found that Transit Australia had correctly followed the procedural requirements necessary to terminate the enterprise agreement. It was determined that the union had not demonstrated sufficient evidence to suggest that the termination was not carried out in good faith. The Commission also concluded that no transitional provisions or redundancy payments were due under the circumstances. As a result, the termination of the enterprise agreement was upheld, and the union's appeal was dismissed.

The Fair Work Commission ordered that the Capricorn Coast Sunbus Union Enterprise Agreement 2016 was to be terminated effective from the date specified by Transit Australia. The Commission directed that no transitional provisions or redundancy payments were applicable in this case. The union's application for review was dismissed with no orders for costs.

Transit Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established