Valley Services Pty Ltd T/A Latrobe Valley Bus Lines Summary

[2023] FWCA 42

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Valley Services Pty Ltd T/A Latrobe Valley Bus Lines

(AG2022/5360)

LATROBE VALLEY BUS LINES WORKSHOP ENTERPRISE AGREEMENT 2022

Passenger vehicle transport (non rail) industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 JANUARY 2023

Application for approval of the Latrobe Valley Bus Lines Workshop Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Latrobe Valley Bus Lines Workshop Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valley Services Pty Ltd T/A Latrobe Valley Bus Lines. The Agreement is a single enterprise agreement.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valley Services Pty Ltd T/A Latrobe Valley Bus Lines sought approval of the Latrobe Valley Bus Lines Workshop Enterprise Agreement 2022. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 to be approved and registered. Specifically, the applicant needed to demonstrate that the agreement contained the mandated minimum terms and conditions and was made in good faith.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay and conditions, the inclusion of a dispute resolution clause, and whether the agreement was made in good faith. The Commission examined the provisions of the agreement against the statutory requirements and considered submissions from both the applicant and any other interested parties. The primary focus was on ensuring that the agreement did not disadvantage employees and that it complied with the legislative framework designed to protect workers’ rights.

The Commission found that the agreement satisfied all the statutory requirements and was made in good faith. The agreement provided for the mandated minimum terms and conditions, including adequate pay rates, leave provisions, and a dispute resolution mechanism. The Commission was satisfied that the process of reaching the agreement was fair and that no undue influence or coercion was exercised. Consequently, the Commission approved the agreement and directed its registration.

The final orders included the approval and registration of the Latrobe Valley Bus Lines Workshop Enterprise Agreement 2022, which would now be binding on the parties and their employees. The agreement was set to take effect from the date of the Commission's decision, ensuring that the terms and conditions of employment were legally recognised and enforceable.

Valley Services Pty Ltd T/A Latrobe Valley Bus Lines

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established