Vagone Pty Ltd

[2013] FWCA 4099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vagone Pty Ltd
(AG2013/7000)

GREENS NORTHERN COACHES AND THE TRANSPORT WORKERS’ UNION OF AUSTRALIA FAIR WORK AGREEMENT 2012.

Passenger vehicle transport (non rail) industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 JUNE 2013

Application for approval of the Greens Northern Coaches and the Transport Workers’ Union of Australia Fair Work Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Greens Northern Coaches and the Transport Workers’ Union of Australia Fair Work Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 4 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Greens Northern Coaches, sought approval of a proposed agreement with the Transport Workers’ Union of Australia. The applicant is a bus company operating in regional New South Wales. The union represents the applicant’s drivers. The applicant claimed the agreement contained appropriate measures to ensure it was implemented and complied with. The matter was heard in the Federal Circuit Court.

The court was required to consider whether the proposed agreement contained appropriate measures to ensure implementation and compliance. The applicant argued the agreement contained sufficient measures. The union did not oppose the application but noted the lack of a clause preventing drivers from engaging in protected industrial action. The court had to decide whether this omission was fatal to the agreement.

The court found that the agreement contained appropriate measures to ensure implementation and compliance. The court noted the agreement contained a clause requiring the union to take reasonable steps to ensure compliance with the agreement. The court accepted the union’s submission that it was unnecessary to include a clause preventing drivers from engaging in protected industrial action. The court found the agreement was sufficiently robust to ensure compliance and implementation.

The court approved the Greens Northern Coaches and the Transport Workers’ Union of Australia Fair Work Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established