DECISION

Fair Work Act 2009
s.185—Enterprise agreement

US Bus Lines Pty Ltd
(AG2018/6635)

US BUS LINES P/L ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 APRIL 2019

Application for approval of the US Bus Lines P/L Enterprise Agreement 2018

[1] US Bus Lines Pty Ltd has made an application for approval of an enterprise agreement known as the US Bus Lines P/L Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 29 April 2019 and, in accordance with s 54, will operate from 6 May 2019. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

US Bus Lines Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of the Enterprise Agreement 2018. The applicant was the employer, and the dispute involved the terms and conditions of employment for its employees as outlined in the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum entitlements, and whether it had been made in accordance with the procedures set out in the Act. Additionally, the Commission needed to determine if the agreement complied with the good faith bargaining obligations under the Act.

The Commission found that the agreement did provide for the minimum entitlements required by the Act and that it had been made in accordance with the prescribed procedures. The Commission also concluded that the agreement had been made in good faith, as evidenced by the process followed and the terms negotiated. The Commission approved the Enterprise Agreement 2018, noting that it provided fair and reasonable terms for the employees while also meeting the needs of the business. The Commission did not make any specific orders beyond approving the agreement, as it found that the agreement itself adequately addressed the employment terms and conditions.

US Bus Lines 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