DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transit Australia Pty Ltd T/A Sunshine Coast Sunbus
(AG2018/660)

SUNSHINE COAST SUNBUS UNION ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JUNE 2018

Application for approval of the Sunshine Coast Sunbus Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sunshine Coast Sunbus Union Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transit Australia Pty Ltd T/A Sunshine Coast Sunbus. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 (TWU) 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 27 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by Transit Australia Pty Ltd, trading as Sunshine Coast Sunbus, for approval of the Sunshine Coast Sunbus Union Enterprise Agreement 2017. This application was heard by the Fair Work Commission. The union in question sought the approval of this agreement which outlined terms and conditions of employment for the workers covered by the agreement.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved ensuring that the agreement met the "better off overall test" (BOOT), which requires that employees be no worse off financially and preferably better off overall than they would be under the applicable award or safety net minimum terms and conditions. Additionally, the Commission needed to consider whether the agreement was made in accordance with the procedural requirements outlined in the Act.

The Commission examined the terms and conditions of the proposed agreement in detail, considering factors such as wages, hours of work, and other employment conditions. It assessed whether the proposed changes would result in employees being better off overall. The Commission found that the agreement did indeed meet the BOOT and that it had been made in accordance with the procedural requirements. Consequently, the Commission approved the enterprise agreement.

In approving the enterprise agreement, the Fair Work Commission mandated that it come into effect from the date specified within the agreement. The Commission's decision was based on the findings that the agreement complied with all relevant legislative requirements and that it represented a fair and reasonable outcome for the employees involved.

Transit Australia Pty Ltd T/A Sunshine Coast Sunbus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established