DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transit Australia Pty Ltd T/A Townsville Sunbus
(AG2018/670)

TOWNSVILLE SUNBUS UNION ENTERPRISE AGREEMENT 2017

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 16 APRIL 2018

Application for approval of the Townsville Sunbus Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Townsville 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 Townsville Sunbus. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU) and the Transport Workers’ Union of Australia (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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Transit Australia Pty Ltd trading as Townsville Sunbus for approval of the Townsville Sunbus Union Enterprise Agreement 2017. The applicant sought the endorsement of this agreement which had been negotiated with the relevant union representing its employees. The dispute centred on whether the agreement met the necessary requirements for endorsement under the Fair Work Act 2009, specifically in terms of procedural fairness, compliance with relevant legislative standards, and alignment with industrial principles.

The legal issues before the Commission included whether the bargaining process adhered to procedural fairness, whether the agreement satisfied minimum wage and other industrial entitlements, and whether the agreement contained provisions that were otherwise inconsistent with the objectives of the Fair Work Act. The Commission had to assess the negotiation process to ensure it was conducted in good faith and without coercion. Additionally, the agreement's provisions had to be scrutinised to confirm they met the statutory minimum standards and did not undermine the protections afforded to employees.

The Commission found that the agreement was the product of a genuine and fair bargaining process, as evidenced by the comprehensive documentation and the absence of any procedural defects. It determined that the agreement complied with the statutory minimum entitlements and did not include any provisions that would be contrary to the public interest or industrial objectives. Accordingly, the Commission approved the Townsville Sunbus Union Enterprise Agreement 2017, endorsing it as a lawful and fair agreement for the employees concerned. The endorsement was made subject to certain conditions, ensuring ongoing compliance with the Fair Work Act.

Transit Australia Pty Ltd T/A Townsville Sunbus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established